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2022 Supreme(Ker) 558

K.HARIPAL
Udayakumar K. U. , S/O. Unnikrishnan – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor, High Court Of Kerala, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Sajith Kumar V., Shri.Vivek A.V., Shri.Godwin Joseph, Shri.Sankar Induchoodan, Smt.Aparna Chandran
For the Respondent: Smt. Pushpalatha M.K., Senior Public Prosecutor

ORDER :

The second accused in C.C. No. 89 of 2019 on the file of the Judicial First Class Magistrate's Court-II, Sulthan Bathery has moved this petition under Section 482 of the Code of Criminal Procedure for quashing Annexure-A FIR and Annexure-B final report and all proceedings initiated pursuant to the same in Crime No.3/2019 of Pulpalli police station pending before that Court. According to him, Crime No.3/2019 of Pulpalli police station was registered against himself and others by the Sub Inspector of that police station Smt.Rajeena K. Jose on 03.01.2019 at 11.10 hours alleging offence under Sections 143, 144, 145, 147, 148, 188, 353 and 341 read with 149 of IPC and Section 117(e) of the Kerala Police Act. The crime was registered suo motu by the Sub Inspector on the basis of the cause of action arisen at 09.40 hours on 03.01.2019. Going by the FIR, a harthal was observed under the auspices of the Sabarimala Achara Samrakshana Samithi, in protest against entry of women in Sabarimala. That day at 9.40 a.m., accused Nos. 1 to 6 along with other identifiable persons carrying lethal weapons like stone, stick, etc. formed an unlawful assembly and in prosecution of their common objec

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