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2024 Supreme(Ker) 751

A. BADHARUDEEN
Joseph Thomas – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.N.Suresh, Dhanuja Vettathu, Yedu Krishna S. P.Sreejith
For the Respondent: Sri.M.P.Prasanth, Public Prosecutor

ORDER :

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

This Criminal Revision Petition has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.' hereinafter), by the revision petitioner, who is the 3rd accused in Crime No.507/2019 of Maradu Police Station, Ernakulam, now pending as C.C.No.1388/2019 on the files of the Judicial First Class Magistrate Court – VIII, Ernakulam.

2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.

3. The revision petitioner herein assails Annexure A4, the court charge framed for the offences punishable under Sections 354A(1)(iv), 354D r/w Section 34 of the Indian Penal Code and Section 120(o) of the Kerala Police Act, 2011.

4. Going by Annexure A4 order, as submitted by the learned counsel for the petitioner, on each head, all the offences were clubbed together as against accused Nos.1 to 3 and the petitioner herein is the 3rd accused. The charge also framed in Malayalam language.

5. The learned Public Prosecutor also conceded the legal position that, for distinct offence, there shall be separate charge.

6. Now, the questions require consideration are;

    1) What are the essential

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