IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 863 of 2010(C) ------------------------------------ [CRL.MP.NO.2079/2009 OF SESSIONS COURT, THODUPUZHA] .................... PETITIONER/ACCUSED NO.4: ------------------------------------------ K.N.RAJESH, S/O.NARAYANAN, AGED 28 YEARS, RESIDING AT KURIYALIL HOUSE, KAVUMBADY BHAGAM, ARAKKULAM P.O., ARAKULAM VILLAGE, IDUKKI DISTRICT. BY ADV. MR.C.P.SAJI. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJEENA, D/O.MUHAMMED, INCHAKKATTIL HOUSE, SANGAMAM JUNCTION, KUDAYATHOOR P.O., IDUKKI DISTRICT. R1 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 863 OF 2010 =========================== Dated this the 29th day of March,2010 ORDER Petitioner is the fourth accused in Crime No.244/2009 on the file of Kanjar Police Station registered under Annexure I F.I.R for the offence under section 376 of Indian Penal Code. This petition is filed under section 482 of the Code of Criminal Procedure to quash the F.I.R as against the petitioner contending that there is absolutely no material as against the petitioner and there is no case that petitioner has committed any rape. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor had made available the Case Diary. 4. The prosecution has no case that Crl.M.C.863/2010 2 petitioner committed rape on the second respondent the prosecutrix. The only case is that petitioner along with the accused 2 and 3 waited outside in the autorikshaw while the first accused committed rape on her to prevent others from entering there. 5. On going through the Case Diary, I cannot agree with the submission of the learned counsel that the crime has to be quashed. Even if petitioner did not commit an offence under section 376, based on the investigation so far made it cannot be said that petitioner did not commit any offence at all. Petitioner is at liberty to challenge the final report when it is submitted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006