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2014 Supreme(Ker) 482

K.RAMAKRISHNAN
C. Nimith – Appellant
Versus
State of Kerala represented by Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:P. Vijaya Bhanu, Senior Advocate, M. Revikrishnan, Vipin Narayan, Advocates.
For the Respondent: Asif Ali, Director General of Prosecution.

Judgment :

1. This is an application filed by the petitioner challenging the order passed by the Additional Sessions Judge-III, Kasargod in Crl.M.P.No.2725 of 2014 in S.C.No.97 of 2014 pending before that Court under Section 482 of the Code of Criminal Procedure (for short, "the Code").

2. It is alleged in the petition that the petitioner has been arrayed as 5th accused in Crime No.594 of 2013 of the Chanthera Police Station along with others alleging offences punishable under Sections 118, 120B, 342, 449, 394, 302 of the Indian Penal Code (for short, "the IPC"). After investigation final report has been filed and now the case is pending as S.C.No.97 of 2014 before the Additional Sessions Judge-III, Kasargod. During trial of the case the investigating officer was examined as PW114. During cross-examination by the counsel for the petitioner, a specific question was put to the witness with regard to usage of his official mobile phone. The witness stated that he was using the same. The defence case put forwarded by the petitioner is that he was not arrested from the place alleged by the prosecution and also no recovery as alleged by the prosecution was in fact effected. The petitioner


















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