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2023 Supreme(Online)(KER) 16145

HIGH COURT OF KERALA
N. NAGARESH, J
VISHNU K.B – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
V.V.SURENDRAN, P.A.HARISH, RESMI NANDANAN, M.P.PRASANTH

ORDER

Dated this the 4th day of September, 2023 The revision petitioner is the 3rd accused in Crl.M.P.

No.66/2023 in S.C.704/2022 on the file of the Assistant Sessions Judge, Chavakkad, Thrissur.

2. The petitioner would submit that the offences alleged in the case are punishable under Sections 143 , 147, 148, 341, 323, 324, 326, 308 and 149 of the Indian Penal Code . According to the petitioner, he is not involved in the case and has not committed any offence. The de facto complainants are aware of the same and they had intimated this fact to the police authorities. However, the investigating authorities did not take that into consideration and arbitrarily retained the petitioner in the array of the accused.

3. The de facto complainants have no objection in discharging the petitioner or removing the petitioner from the array of the accused. They have filed a sworn affidavit before a Notary Public to the above effect. The de facto complainants have no objection in exonerating the petitioner from the case, while the matter is pending as C.P.No.60/2020 before the Judicial First Class Magistrate’s Court, Kunnamkulam.

4. The petitioner submits that the petitioner filed Crl.M.C. No.179/2021

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