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2023 Supreme(Ker) 128

A. BADHARUDEEN
P. N. Krishnakumar, S/o. Nanu Ezhuthachan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant :NIREESH MATHEW, SRI S.SREEKUMAR, SENIOR ADVOCATE
For the Respondent: A.D.G.P SRI GRACIOUS KURIAKOSESENIOR ABRAHAM, P.MEACHINKARA, SAHL ABDUL KADER, ARUN PAUL JACOB, ALEN J. CHERUVIL, M.V.LALU MATHEWS, MARGARET MAUREEN DROSE, JAYAKRISHNAN P.R., THOMAS GEORGE

ORDER :

Crl.R.P.No.754/2022 has been filed by the State of Kerala represented by the Range Forest Officer, Kodanad, Ernakulam district, challenging order dated 09.06.2022 in CMP.628/2020 in C.C.No.358/2019 pending before the Judicial First Class Magistrate Court-III, Perumbavoor. Respondents 1 to 3 herein are respondents 1, 2 and 4 in the above case. Respondents 4 and 5 are third parties/interveners in the Revision Petition.

2. The 1st respondent/1st accused has filed Crl.R.P.No.593/2022 challenging the same order. Similarly, Crl.R.P.No.591/2022 has been filed by the 2nd accused also challenging the same order.

3. Heard the learned Additional Director General of Prosecution Shri Gracious Kuriakose, learned Senior Counsel Shri S.Sreekumar, appearing for the 1st respondent; Advocate Nireesh Mathew appearing for the 2nd respondent and Dr.Abraham P.Meachinkara appearing for the intervenors.

4. Bereft of unnecessary embellishments, the factual matrix of the prosecution in nutshell is that the Divisional Forest Officer, Malayattoor and the Forest Range Officer, Kodanad, along with staff, had detected possession of two pairs of elephant tusks by the 1st accused and seized the same. It was fou

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