Kerala High Court
Abdulrahiman Fasarudheen @ Fasar vs The State Of Kerala on 19 February, 2026
2026:KER:14337
Crl.M.C No.7993/19
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
CRL.MC NO. 7993 OF 2019
CRIME NO.741/2014 OF THAMARASSERY POLICE STATION, KOZHIKODE
IN SC NO.1279 OF 2017 OF SPECIAL COURT UNDER POCSO ACT,
KOZHIKODE
PETITIONER/ACCUSED:
ABDULRAHIMAN FASARUDHEEN @ FASAR,,
AGED 25 YEARS
S/O.ABDULKHADER,
SEENATH MANZIL,
NO.7/28/1, MAHALAKSHMI ROAD,
P.O.UCHILA, UDUPPI,
KARNATAKA
BY ADVS. SHRI.SRINATH GIRISH
SRI.P.JERIL BABU
RESPONDENTS/ STATE & COMPLAINANT :
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031
2 VICTIM
SRI RENJIT GEORGE, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.02.2026 , THE COURT ON 19.02.2026 PASSED THE FOLLOWING:
2026:KER:14337
Crl.M.C No.7993/19
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ORDER
The accused in S.C.No.1279/2017 on the files of the Additional Sessions Court for the Trial of Cases Relating to Atrocities and Sexual Violence Towards Women and Children, Kozhikode, has filed this petition under Section 482 of the Code of Criminal Procedure, 1973(in short, 'Cr.PC') to quash the proceedings against him in the said case. The allegation against the petitioner is that he committed the offences under Sections 366A & 376 of the Indian Penal Code, 1860 (in short, 'IPC'), and Sections 5(j)(ii)(l) & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, 'POCSO Act').
2. The prosecution case is summarised as follows:
On 22.10.2014, the petitioner enticed the victim, a minor girl aged 14 years, to leave her residence at Vezhipur, within the limits of Thamarassery Police Station, and managed to compel her to travel to Mysore from where the petitioner took her to Nepal and indulged in sexual relationship with her in a rented room resulting in that minor girl getting impregnated and delivering a female baby. Thus, the petitioner is alleged to have committed the aforesaid offences.
3. In the present petition, the petitioner would contend that he is totally innocent and that a false case has been foisted against him. It 2026:KER:14337 Crl.M.C No.7993/19 -:3:- is further contended by the petitioner that none of the offences alleged against him are attracted in the facts and circumstances of the case.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.
5. One of the main arguments advanced by the learned counsel for the petitioner to quash the proceedings against the petitioner is that the offence alleged against the petitioner had taken place in Nepal, and hence the Court at Kozhikode has no jurisdiction to proceed with the trial in the absence of the necessary sanction accorded by the Central Government under Section 188 Cr.PC. There is absolutely no basis for the above argument since the offence alleged against the petitioner commenced the moment when he managed to entice and compel the victim to leave her residence at Vezhipur in Thamarassery. It is true that the petitioner is alleged to have indulged in sexual relationship with that minor girl at Nepal. But, there is absolutely no bar for the Court having jurisdiction over the place of residence of the victim at Vezhipur to proceed with the trial in the case, since the offence alleged against the petitioner commenced at that place.
2026:KER:14337 Crl.M.C No.7993/19 -:4:-
6. Another argument advanced by the learned counsel for the petitioner is that the offence under Section 366A IPC is not attracted in the facts and circumstances of the case since there is no allegation that the victim girl was taken to Nepal for forced or seduced illicit intercourse with another person. With regard to the above contention, it has to be stated that the allegations against the petitioner clearly constitute the offence under Section 366 IPC. It is for the Trial Court to decide at the appropriate stage of the proceedings as to whether the petitioner has to be charged under Section 366 IPC or any other analogous penal provisions in connection with the facts revealed from the final report and other relevant records. At any rate, the petitioner cannot be heard to say that the prosecution proceedings against him are liable to be terminated due to misquoting of any penal provision by the investigating agency.
7. The final report and the accompanying records relied on by the prosecution would clearly bring home the offences under Sections 366 & 376 IPC and also the relevant penal provisions of the POCSO Act in connection with the act of the petitioner enticing and taking away a minor girl from her residence at Thamarassery to Nepal, and indulging in 2026:KER:14337 Crl.M.C No.7993/19 -:5:- sexual relationship with her, resulting in impregnation and delivery of a female baby. In the above circumstances, it is not possible for this Court to invoke its inherent powers under Section 482 Cr.PC to terminate the prosecution proceedings at the threshold, in a case like this. Needless to say, the prayer of the petitioner to quash the proceedings against him, cannot be allowed.
In the result, the petition is hereby dismissed.
(sd/-) G. GIRISH, JUDGE DST 2026:KER:14337 Crl.M.C No.7993/19 -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE A1 ACCUSED'S COPY OF THE FIRST INFORMATION REPORT NO.741/2014 DATED 23.10.2014, THAMARASSERY POLICE STATION, KOZHIKODE RURAL, ALONG WITH THE FIS ANNEXURE A2 ACCUSED'S COPY OF THE FINAL REPORT DATED 12.12.2017 ALONG MEMORANDUM OF EVIDENCE AND STATEMENTS U/S 161 OF CR.P.C ANNEXURE A3 ACCUSED'S COPY OF THE ARREST MEMO OF THE ACCUSED ANNEXURE A4 ACCUSED'S COPY OF THE PETITION FILED BY THE SUB INSPECTOR OF POLICE, THAMARASSERY BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT 1, THAMARASSERY FOR ALTERNATION OF CHARGE AGAINST THE PETITIONER ANNEXURE A5 ACCUSED'S COPY OF THE PETITION FILED BY THE SUB INSPECT OF POLICE, THAMARASERY BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, THAMARASSERY FOR ADDING OFFENCE U/S366(A) OF IPC AGAINST THE PETITIONER ANNEXURE A6 A TRUE COPY OF THE COPY APPLICATION NUMBERED AS C.A.1458/2019 AND ENDORSEMENT THREON