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2022 Supreme(Online)(KER) 24602

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
SURJITH – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

The petitioners are the accused in S.C.No.731 of 2016 on the file of the Additional District & Sessions Court-III, Kozhikode. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 323, 324, 283, 332, 308 read with Section 149 IPC.

2. This Crl.M.C. is filed by the petitioners challenging Annexure-D order passed by the IIIrd Additional District and Sessions Court, Kozhikode, by which an application submitted by the prosecutor to withdraw the prosecution against the accused persons was dismissed.

3. The prosecution case against the petitioners is as follows: On 24.12.2015 at about 10.45 pm, while the Sub Inspector of Police, Vatakara Police Station along with his police party were returning after conducting investigation in Crime No.1272 of 2015 of Vatakara Police Station and when they reached at the place of occurrence, the accused who were eight in numbers, along with some other unidentified persons were seen obstructing the vehicles and other passengers. In such circumstances, the Sub Inspector of Police intervened and directed the accused persons to disperse themselves. But they did not agree to do so, instead, they formed into an unlawf

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