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2024 Supreme(Ker) 831

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan
Manaf S/o. Muhammad – Appellant
Versus
Sub Inspector Of Police Kambalakkad Police Station, Wayanad District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Sunny Mathew
For the Respondent: Sri.Mathew Kuriakose
For the Other Present : Sri.Noushad.K.A, SR.PP

ORDER :

These two criminal miscellaneous cases are connected and therefore I am disposing of these cases by a common order.

2. First, I will narrate the facts in Crl.M.C. No.4291/2017. Petitioners herein are aggrieved by the order dated 04.05.2017 in Crl.R.P. No.17/2016 whereby the Sessions Judge, Kalpetta, Wayanad confirmed the order of the Judicial First Class Magistrate Court-II, Mananthavady in Crl.M.P. No.1701/2016 in C.C. No.256/2009. It is a case charge sheeted by the Police against six persons alleging offences punishable under Sections 143, 147 and 323 read with Section 149 IPC. Annexure-A is the FIR and Annexure-B is the FI Statement in the above case. As per the final report filed based on Annexures A and B FIR and FI Statement, K.I.Moidheen, Abdul Latheef, P.U. Sulaiman, K.A.Nazar, Rameesh E.A. and Rayinkutty were arraigned as accused. The petitioners were not accused originally. The learned Magistrate took cognizance of the offence and has taken on file the case as C.C.No.256/2009. Thereafter the trial in the case started and the defacto complainant was examined as PW1 on 20.01.2016. Annexure-C is the deposition of PW1. Pursuant to Annexure-C, the Assistant Public Prosec

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