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2022 Supreme(Ker) 552

C P MOHAMMED NIAS
T N Suraj – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : George Poonthottam (Sr. Adv.), Nisha George, Arun Chandran, J Vishnu, Vishnu B Kurup Advs.
For the Respondent: Gracious Kuriakose Addl. DGP.

ORDER :

Mohammed Nias C.P., J.

1. Admit.

2. Sr. Advocate and Additional Director General of Prosecutions Sri. Gracious Kuriakose takes notice for respondents 1 to 5. Notice by Special Messenger to the 6th respondent.

3. The petitioner is arrayed as the third accused in Crime No.6 of 2022 of Crime Branch Police Station pursuant to Ext. P1 FIR dated 9-1-2022 alleging commission of offences under Sections 116, 118, 120B and 506 read with Section 34 of Indian Penal Code. A report was filed on 4-1-2022 by the Investigating Officer changing S. 120 B to Section 120 B (1) for adding offence under Section 302 of IPC.

4. The 5th respondent herein, the de facto complainant, Mr. Baiju Paulose, Dy. S.P., Crime Branch also happens to be one of the Investigating Officers in Crime No. 297/2017 of Nedumbassery Police Station registered on 18-2-20217. In the said case, initially there were only 7 accused but pursuant to the final report dated 22-11-2017, Mr. Gopalakrishnan @ Dileep, who is the brother-in-law of the petitioner and a film actor was also arrayed as the 8th accused.

5. The allegation in Ext. P1 FIR is due to the enmity of the accused in Crime No. 297/2017 of Nedumbassery Police Station, arisi

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