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2023 Supreme(Online)(KER) 30352

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SUBAIR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
V.VINAY NISSAM NAZZAR

ORDER

The petitioner is the 1st accused in S.C. No 90/2023 on the file of the Special Court for Scheduled Caste and Scheduled Tribe (POA) & NDPS Act Cases, Manjeri. He has approached this Court seeking the following reliefs A. Quash all further proceedings in SC No 90/2023 on the file of the Special Court for Scheduled Caste and Scheduled Tribe (POA) & NDPS Act Cases, Manjeri as the same is an abuse of process of Court and is in violation of the principles of fair trial or in the alternative.

B. To quash the order dated in Crl.M.P. 1799/2023 of the Special Court for Scheduled Caste and Scheduled Tribe (POA) & NDPS Act Cases, Manjeri denying the documents and evidence collected during investigation.

C. To stay all further proceedings in a C. A. No. 90/2023 of thethe Special Court for Scheduled Caste and Scheduled Tribe (POA) & NDPS Act Cases, Manjeri till a decision is taken and communicated to the Petitioner in Annexure-VIII, X and XI representations submitted before Respondents 2 and 3.

2. Short facts of the case are as under:

On 21/09/2022 at about 6:15 PM, the Petitioner was allegedly found having in his possession 140 g of MDMA while he was standing near the Padaparambu-Peri

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