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2010 Supreme(Ker) 678

C.N.RAMACHANDRAN NAIR, B.P.RAY
C. S. Ramachandran Nair, Devikripa – Appellant
Versus
G. Balachandran, S/O. Gopala Pillai – Respondent


Advocates appeared:For the Petitioner:S. Gopakumaran Nair (Sr.), Advocate. For the Respondent:K. Raveendran, Advocate.

Judgment :-

Ramachandran Nair, J. Of the three writ appeals, two are filed by convicts and one by the State challenging the judgment of the learned Single Judge declaring Ext.P2 produced in Writ Appeal No.1582/2010, which is an order of remission issued by the Government under Section 432 of the Code of Criminal Procedure, as invalid. We have heard Senior counsel Sri.S.Gopakumaran Nair appearing for the appellants in the two Writ Appeals, Government Pleader for the appellant in the Writ Appeal filed by the State and Adv. Sri.K.Ravindran appearing for the first respondent in W.A. Nos.1582 and 1905 of 2010. 2. The facts leading to the controversy are the following. The appellants in W.A. No.1582/2010 while serving as C.I. of Police and Police Constables respectively in a Police Station summoned the first respondent along with his wife to the Police Station on the basis of a complaint filed by some of their relatives and manhandled them. Cases were registered under Section 323 of the I.P.C. which led to conviction of all the appellants for three months' rigorous imprisonment and fine of Rs.1,000/- each. The sentence got confirmed in appeal filed before this court and SLPs filed before




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