D. Y. CHANDRACHUD, SURYA KANT
Luckose Zachariah @ Zak Nedumchira Luke – Appellant
Versus
Joseph Joseph – Respondent
JUDGMENT
Dr. Dhananjaya Y. Chandrachud, J.
Leave granted.
2. This appeal arises from a judgment of a learned Single Judge of the High Court of Kerala dated 3 March 2021.
3. On 3 February 2016, FIR 205 of 2016 was registered at police station Alappuzha North against the appellants for the alleged commission of offences punishable under Sections 294(b), 323, and 324 read with Section 34 of the Indian Penal Code 1806. The first appellant was named as the second accused, the second appellant as the third accused and the third appellant as the first accused. On 26 September 2016, the Sub-Inspector of police at Alappuzha North police station submitted a report under Section 173(2) of the Code of Criminal Procedure 1973 implicating the appellants in the commission of the alleged offences. The case came to be numbered as CC No 2177 of 2016 before the JFCM Court - I, Alappuzha.
4. The first appellant moved the Superintendent of Police and the IGP complaining of the registration of a false case and sought a further investigation in the matter. On 21 February 2017, the Dy SP (Administration) Alappuzha submitted a report recording that there were serious flaws in the earlier investigation. On 6 Dec
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