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2023 Supreme(Online)(KER) 13593

HIGH COURT OF KERALA
P. G. Ajithkumar, J
SAIFUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ADITHYA RAJEEV S.PARVATHI

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. This Crl.M.C case is filed to quash the proceedings in L.P No. 47 of 2022 pending before the Judicial First Class Magistrate Court-I, Perinthalmanna arising from Crime No. 455/2016 of the Perinthalmanna Police Station. Above case is chargesheted against the petitioner and others alleging offences punishable under sections 143, 147, 148, 364-A, 506 (ii) and 120 (B) read with section 149 of the IPC. The petitioner was not able to appear before the Trial Court, and his case was splited and now pending in the long pending case. The other accused appeared before the trial and as per Annexure VIII they were acquitted. It submitted that, in the light of Annexure VIII judgment, the prosecution against the petitioner will be an abuse of process of Court.

3. Public prosecutor after getting instructions submitted that there is no criminal antecedents for the petitioner.

4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the co-accused were already acquitted by the trial court and the continu

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