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2023 Supreme(Online)(KER) 27629

HIGH COURT OF KERALA
A. BADHARUDEEN, J
P.N. KRISHNAKUMAR
– Appellant
Versus

STATE OF KERALA – Respondent


Advocates:
ADDL.DIRECTOR GENERAL OF PROSECUTION SRI GRACIOUS KURIAKOSE, INSTRUCTING COUNSEL SRI C.K.SURESH, SRI K.R.RADHAKRISHNAN NAIR, DR. ABRAHAM P.MEACHINKARA, SRI M.V.LALU MATHEWS(K/000210/2009), SMT.MARGARET MAUREEN DROSE(K/1328/2019), SRI THOMAS GEORGE(K/1723/2021), SRI S.SREEKUMAR (SR.)(S-571)

O R D E R

Crl.R.P.No.754/2022 has been filed by the State of Kerala represented by the Range Forest Officer, Kodanad, Ernakulam district, challenging order dated 09.06.2022 in CMP.628/2020 in C.C.No.358/2019 pending before the Judicial First Class Magistrate Court-III, Perumbavoor. Respondents 1 to 3 herein are respondents 1, 2 and 4 in the above case. Respondents 4 and

5 are third parties/interveners in the Revision Petition.

2. The 1st respondent/1st accused has filed Crl.R.P.No.593/2022 challenging the same order. Similarly, Crl.R.P.No.591/2022 has been filed by the 2nd accused also challenging the same order.

3. Heard the learned Additional Director General of Prosecution Shri Gracious Kuriakose, learned Senior Counsel Shri S.Sreekumar, appearing for the 1st respondent; Advocate Nireesh Mathew appearing for the 2nd respondent and Dr.Abraham P.Meachinkara appearing for the intervenors.

4. Bereft of unnecessary embellishments, the factual matrix of the prosecution in nutshell is that the Divisional Forest Officer, Malayattoor and the Forest Range Officer, Kodanad, along with staff, had detected possession of two pairs of elephant tusks by the 1st accused and seized the same. It was fo

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