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2022 Supreme(Ker) 877

A. BADHARUDEEN
Hussain, S/o. Muhammed – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.JOHN SEBASTIAN RALPH, VISHNU CHANDRAN, RALPH RETI JOHN, APPU BABU, SHIFNA MUHAMMED SHUKKUR, GIRIDHAR KRISHNA KUMAR, VISHNUMAYA M.B., GEETHU T.A.
For the Respondent: SRI S.U.NAZAR

ORDER :

This petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as `Cr.P.C’ for short) to quash Annexure-1, viz. common order in C.M.P.Nos.1322/2022 and 1323/2022 in S.C.No.265/2018 on the file of the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as `SC/ST (POA) Act' for convenience), Mannarkad, Palakkad. Petitioner herein is the 1st accused in the above case.

2. Heard the learned counsel for the petitioner Sri John Sebastian Ralph as well as the learned Senior Public Prosecutor, Sri S.U.Nazar.

3. Bereft of unnecessary embellishments, the facts of the case are as under:

4. In S.C.No.265/2018, the prosecution alleges commission of offences under Sections 143, 147, 148, 323, 324, 326, 294(b), 342, 352, 364, 367, 368, 302 r/w 149 of the Indian Penal Code (hereinafter referred to as `IPC' for short) and Section 3(1)(d)(1), 3(2)(v) of the SC/ST Act, by the accused. During the final stage of trial, the learned Special Public Prosecutor filed CMP.No.1322/2022 with prayer to call for certified copy of the report of inquiry under Section 176(1-A) of the Code of Criminal Procedure

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