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2024 Supreme(Online)(KER) 41114

HIGH COURT OF KERALA
P. G. Ajithkumar, J
SHEEBA – Appellant
Versus
MANOJ – Respondent


Advocates:
Sri.Dinesh Mathew J. Muricken, V.N.Sunil Kumar (R1)

ORDER

This Crl.M.C is filed challenging Annexure-A4 order. As per Annexure-A4 order, the petitioner is arrayed as 2nd accused in CC 519/2015 by the Judicial First Class Magistrate Court-II, Aluva, invoking the powers under Sections 319 Cr.P.C.

2. The petitioner in Annexure-A4 order is the defacto complainant in CC 519/2015. CC 519/2015 was charge sheeted alleging offences punishable under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code. Annexure-A2 is the First Information Report in the above case in which the allegation is that the petitioner herein caught hold of the hand of the 1st respondent herein from behind. The petitioner and the other accused assaulted and committed mischief. Even though, the petitioner's name were mentioned in the First Information Statement, she was omitted when the final report was filed. Hence, the defacto complainant filed Annexure- A3 petition under Section 319 Cr.P.C to implicate the petitioner as an additional accused. Consequently, Annexure-A4 order was passed allowing the same by implicating the petitioner as second accused. Aggrieved by Annexure-A4 order, this Crl.M.C is filed.

3. Heard the learned counsel for the petiti

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