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2023 Supreme(Ker) 975

P. V. KUNHIKRISHNAN
State, The Deputy Superintendent Of Police, Crime Branch – Appellant
Versus
Babu Thomas – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Grashious Kuriakose, Manu Tom, Sri.K.R.Jithin, Sri.Balu Tom
For the Respondent: Sri.Sojan Micheal, Sri Grachious Kuriakose, Addl. Director General Of Prosecution

ORDER :

These two Criminal Miscellaneous Cases are connected and therefore, I am disposing these cases by a common order. I will narrate the facts in Crl.M.C.No.746/2020 first.

2. Crl.M.C.No.746/2020 is filed by the State of Kerala challenging Annexure-4 order of the Judicial First Class Magistrate Court, Devikulam. Annexure-4 is an order dated 19.09.2019 in C.M.P. No.1596/2019 in C.C.No.49/2014 on the file of the Judicial First Class Magistrate Court, Devikulam. The above petition was filed by the State of Kerala through its Assistant Public Prosecutor before the learned Magistrate under Section 323 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.). The case of the petitioner is that C.C.No.49/2014 is a complaint filed by the Deputy Range Officer, Marayoor Forest Station, against the respondents in that petition, for the offences punishable under Sections 27(1) (e)(iii) and (iv) of the Kerala Forest Act, 1961, alleging that the respondents committed theft of about 200 kgs of sandal wood from Marayoor Sandal Reserve Forest. Respondents 1 and 2 are no more. In connection with the death of the 1st respondent Babu Thomas in that petition, Crime No.147/2006 was registered by t

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