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1996 Supreme(Ker) 220

N.DHINAKAR
Yohannan Alias Pappachan – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

This revision is against the orders of the Judicial First Class Magistrate Changanacherry refusing permission to the prosecution to withdraw a case under S. 321, Cr.P.C. In C.C. No. 464/92. The said C.C. was instituted against the petitioner and others on a police report on an allegation that on 18-4-1992 at about 6-30 p.m. the petitioner along with others, in furtherance of their common intention, assembled at the road in front of R. K. Vilasom House and caused injuries to the victim by beating, fisting and kicking. A case in Crime No. 69/92 was registered in the Karukachal Police Station, which ultimately resulted in filing of a final report against the petitioner and others for offences punishable under Ss. 341, 323 and 324 and 324, IPC. Strangely on 17-7-1993 the Deputy Superintendent of Police, Kanjirappally filed petition under S. 173(8) Cr.P.C. for permitting him to conduct further investigation and on 2-12-1993 the said Deputy Superintendent of police filed another report stating that only a verbal quarrel had taken place and the case was falsely charge-sheeted and requested for removal of the case from filed. This report of the Deputy Superintendent of Police w




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