(1.) The respondent accused in C.M.P.No. 1436/99 before the Judicial First Class Magistrate's Court, Peermade now pending in C.P. 21/99 has filed this M. C. to quash the entire proceedings under S.482 of the Cr.P.C.
(2.) The 1st respondent herein filed a complaint before the Magistrate's Court in C.M.P. 1436/99 alleging offences punishable under S.363, 365, 368, 372, 373, 376 and 392 r/w S.109 and 34 IPC against the petitioner herein. The learned Magistrate after recording the sworn statements of the complainant and seven witnesses and finding sufficient ground for proceeding against the petitioner, for the offence punishable under S.376 IPC, took the complaint into file, numbered as C.P. 21/99 and issued summons to the petitioner by the impugned order dated 7.5.99. Hence the petitioner has preferred this M. C. before this Court to quash the entire proceedings on various grounds.
(3.) The 1st respondent has alleged in the complaint that one Raju with whom she was in love has lured her away from her residence on 16.1.96 on the promise to marry her and thereafter she was wrongfully confined and taken to various places in Kerala by threat and coercion and subjected to rape by various persons against her will till 26.2.1996. She has also alleged that while she was in wrongful confinement at the Rest House, Kumily from 15.2.96 onwards, on 19.2.96 at about 7 p.m. a person aged about 50 years called Banji entered the room and forcibly raped her twice successively ignoring her plea to rescue her and her protest and left the room about 7.30 p.m. It is further alleged that when she found the photograph in Mathrubhoomi dated 26.3.96 she identified that the person called Banji who raped her on 19.2.96 is the petitioner herein, who was a Central Minister at that time. She informed this fact to her father and he informed the matter to the concerned authorities. But since the petitioner's name was not included in the charge sheet laid by the police, which is pending as SC 35/98 before the Sessions Court, Thodupuzha, as the accused for the offences committed against her, the complaint is filed before the Magistrate's Court.
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