Justice P Bhavadasan, before whom the petition came up, observed that if the offence is not made out in the complaint, further investigation cannot be conducted.
From the allegation in the complaint it is seen that the offence of rape is not made out, he observed.
Director General of Prosecution T Asaf Ali and M K Damodaran, senior advocate of Thettayil, will put forward their arguments on Wednesday.
Counsel for the complainant argued his client had been raped by Thettayil and his son and interference at this stage is premature.
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