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P.S.GOPINATHAN
Akbar – Appellant
Versus
State of Kerala – Respondent


Counsel for the Parties:
For the Petitioner:S. Rajeev, Advocate.
For the Respondents:Jayakrishnan (Public Prosecutor, Sivan Madathil, B. Raman Pillai, R. Anil and Anil K. Mohammed, Advocates.

ORDER

P.S. Gopinathan, J.—The revision petitioner is the de facto complainant in C.C. No.201/2006 on the file of the Chief Judicial Magistrate Court, Kollam. Respondents 2 to 11 are being prosecuted by the first respondent for offence under Section120B IPC and other provisions. The evidence on the side of the prosecution was closed. The respondents 2 to 11 were questioned under Section 313 of the Code of Criminal Procedure and thereafter the prosecution and the accused were being heard. Amidst the hearing, the Deputy Director of Prosecution, Kollam, who is conducting the prosecution filed a petition as CM P No. 9443 of 2009 seeking an order to alter charge. In the affidavit accompanying the petition it was stated that during the course of hearing it was argued that the charge was not specific and it had prejudiced the accused and the charge framed is not in accordance with the final report submitted by the police and that the beginning and end of the commission of offence under Section 120B IPC is not specified and that it was wrongly mentioned that conspiracy was alleged subsequent to the unlawful assembly and that the involvement of the 11th accused was not specifically mentioned

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