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2023 Supreme(Online)(KER) 12927

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
PRANESH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
VISHNU BHUVANENDRAN, B.ANUSREE, LAKSHMI MOHANA KURUP, S.SANTHOSHKUMAR

O R D E R

This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure , 1973 (“the Code” for the sake of brevity).

2. The petitioners are the accused in C.C. No.

7659/2022 on the files of the Judicial Magistrate of First Class Court - III, Thiruvananthapuram, arising from Crime No. 587/2022 of Naruvamoodu Police Station, Thiruvananthapuram Rural. The above case is charge sheeted against the petitioners alleging offences punishable under Sections 341 , 294(b) and

506 r/w 34 of IPC .

3. The prosecution case is that on 21.08.2022 at around 2.40 p.m., the petitioners wrongfully restrained and horribly abused the defacto complainant and further threatened him using a sword. The counsel for the petitioner submitted that even if the entire allegations are accepted the offence under Section 27 of the Arms Act , 1959 is not attracted because the allegation is only to the effect that the accused threatened the victim using a sword. It is also submitted that the place of occurrence is not a notified area as per section 4 of the . I think there is some force in that contention.

4. The learned counsel for the petitioners submits that the parties have settled t

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