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2024 Supreme(Ker) 786

ZIYAD RAHMAN A. A.
K. Sudhakaran (A1) – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.Sreekumar (Sr.), M.Meena John, Viju Thomas, Advs.
For the Respondent: Sri.S.U.Nazar, Senior, Govt.Pleader (Special, Govt. Pleader (Criminal), Sri.C.P.Udayabhanu

ORDER :

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

This Criminal Revision Petition was submitted by the accused Nos. 1 and 3 in S.C No 1473/2001 on the files of Additional Sessions Judge-IV, Thiruvananthapuram, which arises from Crime No. 148/1997 of Thampanoor Police station. The offence alleged against the petitioners and the other accused is under section 120B of the Indian Penal Code (IPC). The said crime was registered on the basis of a private complaint submitted by the 3rd respondent herein before the Judicial First Class Magistrate-III, Thiruvananthapuram, alleging offences punishable under section 120B and section 307 of the Indian Penal Code. The challenge in this case is against the order dated 03.06.2016, passed by the learned Sessions Judge, rejecting prayer sought by the petitioners to discharge from the case.

2. The facts which led to the filing of this Crl.R.P are as follows:

2.1. The defacto complainant, the 3rd respondent herein, is one of the prominent leaders of the political party named Communist Party of India (Marxist) (CPI(M)). The 1st petitioner is the leader of the Indian National Congress, which is a rival political party and the 2nd petitioner is alleged to

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