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2024 Supreme(SC) 471

B. R. GAVAI, SANDEEP MEHTA
S. Nitheen – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Parties : Kuriakose Varghese, V. Shyamohan, Udai Rathore, Anshika Bajpai, Rohan Thawani, Pooja Dhar, Kuriakose Varghese, V. Shyamohan, Anshika Bajpai, Alim Anvar, Nishe Rajen Shonker, Anu K. Joy, Pranav, Ramesh Babu M.R.

1. Leave granted.

2. These appeals arise out of a common order, and hence the same have been heard analogously and are being decided together by this judgment.

3. These appeals by special leave are preferred on behalf of the appellants herein for assailing the final judgment and order dated 3rd July, 2019 passed by the High Court of Kerala at Ernakulam in Crl. MC. No. 8108 of 2018, whereby, the petition preferred by the appellants herein seeking quashing of the proceedings of Criminal Case No. 791 of 2013 on the file of learned Judicial Magistrate First Class, Court-II, Attingal (hereinafter being referred to as ‘JMFC’) for the offences punishable under Section 494 read with Section 34 of the Indian Penal Code, 1860 (hereinafter being referred to as ‘IPC’) was rejected.

4. Learned JMFC after evaluating evidence led on behalf of the complainant under Section 244 of Code of Criminal Procedure, 1973 (hereinafter being referred to as ‘Cr.P.C.’) proceeded to direct framing of charges against the appellants under Section 494 IPC vide order dated 28th May, 2018. This order was challenged by the appellants by filing a Criminal Revision Petition No. 25 of 2018 before the Court of learned Sessi

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