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2015 Supreme(Ker) 1464

B.KEMAL PASHA
ABDUL KHADAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant : K.K. Mohamed Ravuf.
For the Respondent:Tom Jose Padinjarekkara, Addl. Director General of Prosecution, Advocates.

ORDER :

B. KEMAL PASHA, J.

1. Annexure A2 order, by which the court below has dismissed CMP No. 1656/2013 filed by the petitioner in C.P. No. 11/2006, seeking the release of his property from the attachment effected under Section 83 Cr.P.C., is under challenge.

2. The petitioner is the 2nd accused in Crime No. 237/1992 of the Tanur Police Station. The final report was filed in the matter, for the offences under Sections 143, 147, 148, 395, 450, 427 and 295A read with Section 149 IPC and Section 3(I)(xv) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. The final report was taken on file by the Judicial First Class Magistrate's Court-I, Parappanangadi as C.P. No. 11/2006. As the petitioner was not available, coercive steps were taken by the court below for procuring his presence. As his presence could not be procured, steps under Sections 82 and 83 Cr.P.C. were initiated. A proclamation was issued under Section 82 Cr.P.C. Finally, an order of attachment of his property was issued by the court below under Section 82 Cr.P.C., on 05.04.2006. Consequently, the property of the petitioner was attached.

4. Thereafter, the petitioner voluntarily appeared















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