AJITH PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner, to quash Annexure A3 Charge Sheet and all further proceedings thereunder in C.C.No.451/2022 on the files of the Judicial First Class Magistrate Court - I, North Paravur, arose out of Crime No.486/2022 of North Paravur police station, Ernakulam. The petitioner herein is the 1 st accused in the above case.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the relevant records.

(3.) In this matter, the prosecution alleges commission of offences punishable under Ss. 354C and 509 of the Indian Penal Code (for short, 'the IPC' hereinafter). The prosecution allegation is that, at about 4.30 hrs. on 3/5/2022, while the de facto complainant was in front of her house, accused Nos.1 and 2 reached there in a car and taken the photographs of herself and the house. When she reached there near the gate, she restrained their car and questioned the photography. Then, both the accused shown gestures with sexual overtures. Specific allegation against the 1st accused is that, he had shown gesture depicting that of caught hold of her breast and the 2 nd accused also shown a gesture with sexual intent and with dual meaning. Thereby, the modesty of the de facto complainant was outraged. This is the base on which, the prosecution alleges commission of the above offences.