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2024 Supreme(Online)(KER) 3811

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
ASHRAF, – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.T.SHEEJISHA, A.ABDUL RAHMAN (A-1917), PARVATHY S. MANOJ, ASHI M.C

ORDER

Petitioner is the accused in C.C.No.720/2002 on the files of the Judicial First Class Magistrate Court-I, Ponnani, which arises out of Crime No.93/1993 of Changaramkulam Police Station, Malappuram District. He preferred an application for release of his passport, which was surrendered before the court. However, by the impugned order dated 09.02.2024, the learned Magistrate dismissed the said application after noticing that the petitioner had not appeared before the court for a long time and the case had even been transferred to the long pending register. This petition under Section 482 of Cr.P.C is filed seeking direction to release his passport.

2. Petitioner had, in the meantime, preferred Crl.M.C.No.4419/2024 challenging the proceedings in C.C.No.720/2002 and claimed the benefit of acquittal of the co-accused. By a separate judgment of today, this Court has quashed all proceedings in the above referred case against the petitioner after finding that he is entitled for the benefit of acquittal of the co-accused.

3. Since the proceeding against the petitioner in C.C.No.720/2002 before the Judicial First Class Magistrate Court-I, Ponnani, has already been quashed, the passport

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