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2022 Supreme(Online)(Ker) 72459

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.HARIPAL, J
UDAYAKUMAR K.U. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Sajith Kumar V., Shri.Vivek A.V., Shri.Godwin Joseph, Shri.Sankar Induchoodan, Smt.Aparna Chandran
For the Respondents: Smt. Pushpalatha M.K.

Table of Content
1. the petitioner contests the legality of the fir backed by past convictions. (Para 2)
2. arguments presented on grounds of double jeopardy and legal principles. (Para 3 , 4 , 5)
3. the court's observations on identical facts and trial integrity. (Para 6 , 7 , 11 , 12 , 13)
4. emphasis on the rule against dual trials for identical causes. (Para 8 , 9)
5. final ruling quashing the proceedings against the petitioner. (Para 14)

O R D E R

The second accused in C.C. No. 89 of 2019 on the file of the Judicial First Class Magistrate's Court-II, Sulthan Bathery has moved this petition under Section 482 of the Code of Criminal Procedure for quashing Annexure-A FIR and Annexure-B final report and all proceedings initiated pursuant to the same in Crime No.3/2019 of Pulpalli police station pending before that Court. According to him, Crime No.3/2019 of Pulpalli police station was registered against himself and others by the Sub Inspector of that police station Smt.Rajeena K. Jose on 03.01.2019 at 11.10 hours alleging offence under Sections 143, 144, 145, 147, 148, 188, 353 and 341 read with 149 of IPC and Section 117(e) of the Kerala Police Act. The crime was registered suo motu b

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