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2008 Supreme(Ker) 208

V.RAMKUMAR
K. Radhakrishnan – Appellant
Versus
State Of Kerala Represented by Public Prosecutor – Respondent


Advocates Appeared:For the Petitioner:T.A. Unnikrishnan, P.P. Biju, Advocates. For the Respondent: K.S. Sivakumar, Public Prosecutor.

Judgment :

The common petitioner (K. Radhakrishnan) in these petitions filed under Section 482 Cr.P.C. is the first accused in Crime No.782 of 2006 of Taliparamba Police Station for offences punishable under Sections 7 and 8 of the Immoral Traffic (Prevention Act) 1956 (“I.T.P. Act” for short). The petitioner is a Deputy Superintendent of Police (Dy. S.P.) under suspension and working as such in the District Crime Records Bureau (DCRB), Kannur. In Crl.M.C. No.1005 of 2007 he seeks to quash the F.I.R. and all further proceedings in the above Crime. in Crl.M.C. 294 of 2008 he seeks to quash Annexure II final report and all further proceedings including C.C. No.739 of 2007 on the file of the Court of the Judicial Magistrate of the First Class, Thaliparamba.

THE PROSECUTION CASE

2. On 15-12-2006 at 2.45 p.m. one Thaikandy Balakrishnan who was the Vice Chairman of Taliparamba Municipality gave a statement to Habeed Rahman, Dy. S.P., Kannur who was holding additional charge of Taliparamba Sub Division. The statement reads as follows:-

“14-12-2006 was a hartal day. In the morning of that day he had started for attending the procession in connection with the hartal. At about 9 a.m. he notic



































































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