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2024 Supreme(Ker) 568

A. BADHARUDEEN
Arun Thomas – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C.K. Pavithran, Smt.Neenu Pavithran
For the Respondent: Sri. M. P. Prasanth, Public Prosecutor

ORDER :

This Criminal Miscellaneous Case has been filed underSection 482 of the Code of Criminal Procedure to quash Annexure A-1 FIR and Annexure A-2 Final Report in CrimeNo.256/2019 of Kattappana Police Station. The petitioner is the accused in the above crime.

2. In this matter, the prosecution alleges commission of offences punishable under Sections 341, 294(b) and 506 of theIndian Penal Code.

3. Heard the learned counsel for the petitioner, thelearned Public Prosecutor and the learned counsel for thedefacto complainant. Perused the relevant documents in detail.

4. In this case, based on the First Information Statement (FIS) given by one Vijayakumari Jayakumar, who is the 3rd respondent, First Information Report (FIR) was registered alleging commission of the above offences.

5. It is argued by the learned counsel for the petitioner that the defacto complainant in the present case is the 3rd accused in S.T. No.111/2016 on the files of Grama Nyayalaya Court, Kattappana arising out of Crime No. 09/2014 of Kattappana Police Station. As per Annexure A3 judgment dated31.05.2019, accused Nos.1 to 5 were found guilty for the offences punishable under Sections 143, 147, 447, 427 read with 149

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