HIGH COURT OF KERALA
V. G. Arun, J
MUHAMMED FASIL – Appellant
Versus
STATE OF KERALA – Respondent
ORDER
Dated this the 31st day of March, 2021 Petitioner is the accused in L.P.C No.25 of
2016 on the files of the Judicial First Class Magistrate Court, Chavakkad. The case had originated from Crime No.461 of 2008 of the Pavaratty Police Station registered against the petitioner and ten others for offences under Sections 120 (b), 153A, 143, 147, 148, 447, and 427 r/w 149 of IPC . The allegation is that the accused had, in further of their criminal conspiracy, had formed into an unlawful assembly and committed roiting by trespassing into the house of the de facto complainant and vandalising his house and had thereby caused damages to the tune of Rs.8,000/-. On submission of final report, the case was taken on file as C.C.No.522 of 2013, wherein the petitioner figured as the 7th accused.
When the case was listed for trial, all other accused, except accused Nos.3, 4 and the petitioner participated. By Annexure A3 judgment, the accused who faced trial were acquitted, finding the prosecution to have failed in substantiating its allegations. The case against the absconding accused was split up and re-filed as C.C.No.372 of 2015. Due to the persistent absence of the petitioner, the case ag
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