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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kausar Edappagath, J
P. Gopalakrishnan Alias Dileep – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. background of the criminal case (Para 1 , 2 , 4 , 5 , 8 , 9) |
| 2. arguments regarding further investigation (Para 12 , 13 , 15 , 16 , 17) |
| 3. legal basis for further investigation (Para 18 , 19 , 20) |
| 4. legal standards for further investigation (Para 21 , 22 , 24 , 25) |
| 5. court's conclusion on further investigation (Para 36) |
ORDER
Dated this the 8th day of March, 2022
This Crl.M.C. has been preferred by the accused No.8 in SC No.118/2018 on the file of the Additional Special Sessions Court (SPE/CBI)–III, Ernakulam (for short, 'the court below') challenging the investigation undertaken and being carried out by the investigating agency under Section 173 (8) of the Code of Criminal Procedure (for short, Cr.P.C.) pursuant to Annexure 10 report dated 29/12/2021.
2. The petitioner along with the remaining accused faces trial for the offence punishable under Sections 120 (B), 109, 342, 366, 354, 354(B), 357, 376(D), 506(1), 201, 212 r/w 34 of the Indian Penal Code and Sections 66 (E) and 67(A) of the Information Technology Act, 2008 (for short, 'the IT Act').
3. The prosecution case in short is that, on the night of 17/2/2017, the victim, a South Indian cine actress, was abducte
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