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2024 Supreme(Ker) 152

BECHU KURIAN THOMAS
Johnkutty M. V. – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Johnkutty M.V.
For the Respondent: M.C. Ashi.

ORDER :

1. Petitioner has combined various reliefs, of which the relevant one is to set aside Annexure A15 order dated 23.03.2022 framing charge against him for the offences punishable under sections 341 and 332 of the Indian Penal Code, 1860 (for short ‘IPC’). Annexure A20 and Annexure A21 orders dated 27.11.2023 of the Additional Sessions Court-II, Thiruvananthapuram, are also challenged. By virtue of those two orders, the Court has dismissed petitioner’s application for referring questions to the High Court under section 395 Cr.P.C. and also rejected petitioner’s challenge against the order framing charge as well as the challenge against the orders in two petitions filed as C.M.P. Nos. 602/2022 and 603/2022.

2. The dispute arises out of an incident that occurred on 28.11.2011 at the Museum Junction at Thiruvananthapuram. Petitioner is alleged to have blocked a KSRTC stage carriage on the main road at around 7:50 PM using his car and attacked the driver of the stage carriage. A final report was filed alleging offences punishable under sections 341, 353 and 323 of IPC.

3. The case has a history which is worth mentioning to indicate how a trial has been prolonged for a decade and more

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