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2022 Supreme(Online)(KER) 45721

HIGH COURT OF KERALA
ALEXANDER THOMAS, SOPHY THOMAS, JJ
STATE OF KERALA
– Appellant
Versus

ROOPESH @ PRAVEEN @ PRAKASH @ PRASANTH @ NAVEEN @ KARIYAN – Respondent


Advocates:
PUBLIC PROSECUTOR, DIRECTOR GENERAL OF PROSECUTION, SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER, SRI.K.S.MADHUSOODANAN, SRI.M.M.VINOD KUMAR, SRI.P.K.RAKESH KUMAR, SRI.K.S.MIZVER, SRI.M.J.KIRANKUMAR

JUDGMENT

Alexander Thomas, J.

The afore captioned criminal appeal has been filed by the State of Kerala, represented by the investigating agency concerned, under section 21(1) of the National Investigation Agency Act, 2008 (hereinafter referred to as ‘NIA Act’, for short) to challenge the impugned order dated 09.09.2020, rendered by the Sessions Court, Palakkad, on Criminal MP No.4387/2020 in Sessions Case, SC No.862/2016, whereby the respondent herein/accused has been discharged of the offences alleged against him, as per section 20 & 38 of the Unlawful Activities (Prevention) Act (hereinafter referred to as ‘UAP Act’ for short) and Sec. 3 read with Sec. 25(1 B) of the Arms Act .

2. Heard Sri.K.A. Anas, learned Public Prosecutor, appearing for the appellant State of Kerala and Sri.K.S. Madhusoodhanan, learned counsel appearing for the sole respondent/accused.

3. The instant sessions case, in which the respondent herein has been arrayed as the sole accused, has arisen out of Crime No.99/2014 of Agali Police Station, Wayanad District. The gist of the allegations raised therein is that the accused and 10 others have committed the offences punishable under Secs.143, 147, 148 & 506(ii) r

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