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2025 Supreme(Ker) 3207

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
Rajesh R – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri.S.Rajeev, Sri.V.Vinay, Sri.M.S.Aneer, Shri.Sarath K.P., Shri.Prerith Philip Joseph, Shri.Anilkumar C.R.
For the Respondent: Sri.Rajesh A, Special Public Prosecutor, Vacb, Smt.Rekha S, Sr.Public

Table of Content
1. criminal procedure for quashing fir (Para 1 , 2)
2. legal argument against double prosecution (Para 3 , 4)
3. court's reasoning on firs (Para 5 , 6 , 7)

ORDER :

This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure , 1973, to quash all further proceedings in VC.No.5/2019/PKD of VACB, Palakkad. The petitioner herein is the sole accused in the above crime.

3. It is submitted by the learned counsel for the petitioner that, earlier, on same set of facts, another FIR was registered as Crime No.48/2019 of Thrithala Police Station dated 06.02.2019, alleging commission of offences punishable under Sections 408, 420, 465 and 471 r/w. Section 34 of the Indian Penal Code and the investigation thereof ended in filing of final report on 25.05.2022 reporting the case as 'Undetected' because of non-availability of the signatures of one Ponneri Abdul Rehiman, whose signatures were alleged to be forged by the accused for making appointments in Dr.K.B menon Higher secondary school Thrithatla, Palakkad district, where the accused was a teacher.

5. The learned Special Public Prosecutor did not combat the legal position. However, according to h

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