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2017 Supreme(Ker) 603

P.R.RAMACHANDRA MENON, P.UBAID, A.M.BABU
Stenny Aleyamma Saju – Appellant
Versus
State of Kerala represented by Principal Secretary (Home) – Respondent


Advocates Appeared:
For the Petitioner: C. Rajendran, R.S. Sreevidya
For the Respondents: K. Anas

JUDGMENT :

Ramachandra Menon, J.

1. Does the law declared by a Division Bench of this Court in Elizabeth George Vs. State of Kerala [2008 (4) KLT 425], holding that filing of charge sheet under Section 173 (2) of Cr.P.C. is not necessary to invoke the power and pass an order under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ['the KAAPA' in short] require reconsideration ?

When can it be authentically stated that a person “had been found” in/on investigation by a competent police officer/such other authority/Court as the case may be, to have committed any act/offence within the meaning of the term “known goonda” or “known rowdy” under Section 2 (o) (ii) and (p) (iii) respectively of the KAAPA ?

Will the acquittal of the accused/detenue in one of the three cases referred to in W.P. (Crl.) No. 410 of 2011 – witnesses having been turned hostile and also pursuant to amicable settlement (between parties) tilt the balance in favour of the detenue to contend that the provisions of KAAPA/Section 3 will not be attracted under such circumstances ?

These are the points to be answered in these cases, apart from the question whether there was proper application of mind o
















































































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