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2023 Supreme(Ker) 706

P. V. KUNHIKRISHNAN
Kuthiralamuttam Saji, S/o. Prabhakaran – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: C.P. Peethambaran.
For the Respondents: Sreeja V., PP.

ORDER :

The petitioners are accused Nos.1 to 8 in C.P.No.14 of 2020 on the file of the Chief Judicial Magistrate Court, Payyannur, which is now pending as S.C. No.165 of 2020 on the file of the Sessions Court, Thalassery.

2. The prosecution case is that on 05.03.2013, one Mammu, hurled an explosive towards the SNDP office at Prappoyil, Kannur District, within the then Peringome Police Station limit and one K.R.Santhosh informed this fact to the police. Infuriated by this, the said Mammu assaulted the said Santhosh and attempted to commit murder and thereby committed offences under sections 324, 506 (i)(ii) and Section 308 IPC and the police registered the case as Crime No.128 of 2013 of Peringome Police Station. As a counter blast, it is submitted that the 2nd respondent herein, the wife of said Mammu filed a private complaint before the Judicial First Class Magistrate Court Payyannur as evident by Annexure A1. After Section 202 Cr.P.C enquiry, the case was numbered as C.C. No.417 of 2014 and the Magistrate issued summons to the petitioners and they entered appearance. The case was proceeded as a warrant case. The evidence under Section 244 Cr.P.C was permitted to be adduced and four

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