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1984 Supreme(Ker) 5

K.K.NARENDRAN, M.FATHIMA BEEVI
Babu – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

A learned Judge of this court before whom this criminal revision petition came up for hearing referred the same to a Bench to consider the question whether the grant of permission under Section 302 of the Code of Criminal Procedure, 1973 for the conduct of prosecution by any person other than an Inspector of Police is to be confined to cases other than those instituted on Police report and that the Court has no power to consider an application under S. 302 in a case instituted on Police report. Two cases were registered by the Valapad Police with regard to an incident which took place on the side of a river in Engandiyoor on 28-3-1980 in which the petitioner and another on his side sustained serious injuries while two others of the opposite party sustained serious injuries and succumbed to those injuries. On his complaint. Crime No. 73 of 1980 was registered by the Police while Crime No. 71 of 1980 was registered against the petitioner and some others with respect to the injuries sustained by the opposite party. Both cases weigh investigated by the Police. In Crime No. 71 of 1980 the petitioners and others were charge-sheeted. The case came up before the Court of Sessio













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