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2025 Supreme(Ker) 2157

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
S.M. Shereef, S/o. P.M. Sulaiman – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SMT.M.A.VAHEEDA BABU, SRI.BABU KARUKAPADATH, SHRI.P.U.VINOD KUMAR, SMT.ARYA RAGHUNATH, SRI.AJWIN P LALSON, SHRI.KARUKAPADATH WAZIM BABU, SMT.P.LAKSHMI, SMT.SHIFANA KAISE, SHRI.DENNIS BIJU
For the Respondent: RAJESH.A, SR PP VACB - REKHA.S

ORDER :

A. BADHARUDEEN, J.

Crl.Rev.Pet. No.1237/2023 has been filed under Sections 397 and 401 of the Code of CRIMINAL PROCEDURE CODE , 1973, by accused Nos.1 and 5 in C.C. No.40 of 2014 on the files of the Court of the Enquiry Commissioner and Special Judge, Kottayam, challenging the common order dated 13.10.2023 in Crl.M.P. No.145/2021 along with Crl.M.P. No.2414/2017, whereby the discharge plea at the instance of accused Nos.1 and 5 (earlier they were referred as accused Nos.1 and 4 and in the impugned order also their status is as that of accused Nos.1 and 4) was negatived by the Special Court.

2. Crl.Rev.Pet. No.1329/2023 is at the instance of accused Nos.4, 6, 7 and 8 in the above case (earlier they were arrayed as accused Nos.3, 5, 6 and 7 and and in the impugned order also their status is as that of accused Nos.3, 5, 6 and 7), being aggrieved by the dismissal of their discharge petition viz. Crl.M.P. Nos.2414/2017 along with Crl.M.P. No.145/2021, as per the common order dated 13.10.2023 in the above case.

3. Heard the respective counsel for the revision petitioners as well as the learned Public Prosecutor, in detail. Perused the order impugned, relevant records as well as the

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