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2012 Supreme(Ker) 460

B.P.RAY
Ravada A. Chandrasekhar – Appellant
Versus
State of Kerala, Rep. By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:K. Jaju Babu, Mrs. M.U. Vijayalakshmi, Brijesh Mohan, Advocates. For the Respondents:R1, Asaf Ali, Director General of Prosecution, R2, P.V. Surendranath, Advocate.

Judgment:-

B.P. Ray, J.

1. These petitions under Section 482 Cr. P.C. were filed against the order dated 16.7.2006 passed by the learned Judicial Magistrate of the First Class, Kuthuparamba in CMP Nos.1327/95, 2712/95 & 5731/95 wherein cognizance of the offences punishable under Sections 302, 307 and 120B read with Section 34 I.P.C. has been taken and process has been issued against the petitioner and three others. Petitioner has invoked the inherent power of this Court to quash the impugned order of cognizance on the ground inter alia:

a) Act or omission committed by the petitioner does not constitute any of the offences alleged;

b) There is no material to show that the petitioner had shared the common intention to commit an offence. Cognizance taken with the aid of Section 34 I.P.C. is bad;

c) The petitioner was deputed for maintenance of law and order. Since the occurrence took place while the petitioner was discharging his official duty, prosecution is barred without a valid sanction;

d) The alleged incident was enquired into through a judicial commission which exonerated the petitioner. Proceeding on the selfsame occurrence is wholly unwarranted;

e) Petitioner was earlier arr
















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