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2022 Supreme(Online)(KER) 57602

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


Advocates:
K.REEHA KHADER, A.M.UMAR NASEEF, SAJNA T.UMMER, C S HRITHWIK- SR PP

ORDER

Dated this the 11th day of July, 2022 The petitioner is the 16th accused in crime No.680/2013 of Shornur Police Station, which is now pending as C.C. No.942/2018 before the Judicial First Class Magistrate's Court, Ottappalam. The offences alleged against the petitioner and other accused are under Sections 143 , 147, 148, 341, 323, 326 read with Section 149 of the Indian Penal Code .

2. The prosecution case is that, the petitioner along with

15 other accused persons formed into an unlawful assembly and in prosecution of the common object wrongfully restrained the defacto complainant and assaulted him. Annexure A is the final report submitted by the Police. Initially, cognizance was taken by the Judicial First Class Magistrate's Court, Ottappalam as C.C. No.1267/2014 in which all the accused except the petitioner have participated in the trial. The aforesaid trial culminated in Annexure B judgment by which all the accused persons who faced the trail were acquitted. This Crl.M.C. is filed by the petitioner for quashing all further proceedings pursuant to Annexure A which is now pending as CC No.942/2018, as his case was split up and re-filed.

3. Heard Sri. A.M. Umar Naseef, the l

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