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2003 Supreme(Ker) 202

J.B.KOSHY
Shafi – Appellant
Versus
State of Kerala – Respondent


Judgment :-

This is a petition filed under Section 482 of the Code of Criminal Procedure.

2. Bakel Police registered a case against seven identified persons and fifteen unidentified persons, alleging offences punishable under Sections 143, 147, 148, 323, 324 read with Section 149 of the Indian Penal Code. The petitioners who were also arrayed as accused were absconding. Therefore, the case against them was split up. The accused who appeared before Court were acquitted after trial. Now it is the case of the petitioners that there is a finding against unlawful assembly. No appeal or revisions has been filed against the acquittal of the other accused. Therefore, it is their contention that the case against them should be quashed.

3. The Apex Court in R.P.Kapur v. State of Punjab (AIR 1960 SC 866) held as follows:

". . . . It is well established that the inherent jurisdiction of the High Court can be exercised to quash proceedings in a proper case either to prevent the abuse of the process of any court or otherwise to secure the ends of justice. Ordinarily criminal proceedings instituted against an accused person must be tired under the provisions of the Code, and the High Court would b







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