Quashing the complaint and FIR, Justice P Bhavadasan in his 141-page judgement observed that it appears that the state is 'desperate to take aid of any material to book the petitioner even though the complainant herself has no grievance against the aspects pointed by the DGP'.
The court said even if complaint is read as a whole, it does not contain the necessary ingredients even prima facie to attract the offence under Section 376 (Rape) of IPC.
Aluva Police had recently registered a case against the two, in which Thettayil is the first accused.
In the petition, Thettayil, a JDS MLA from nearby Angamally, contended he has not done any offence punishable under IPC section 376 (rape). The averments and allegations of the woman were absolutely false and politically motivated, he said.
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