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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Judge, J
Petitioners are forest officials – Appellant
Versus
2nd respondents – Respondent
| Table of Content |
|---|
| 1. allegations of torture during custody were raised by accused. (Para 1 , 2) |
| 2. arguments regarding procedural failures in cognizance process. (Para 4 , 5 , 6) |
| 3. court's determination on procedural mandates under section 223. (Para 9 , 10 , 12) |
| 4. clarification on the requirements for cognizance against public servants. (Para 15) |
| 5. final ruling to quash prior cognizance due to procedural violations. (Para 17) |
ORDER
Petitioners are forest officials, the 1st petitioner being the Divisional Forest Officer, Marayoor Forest Division and the 2nd petitioner, the Range Forest Officer. Three crimes were registered at the Marayoor Forest Range as O.R.Nos.1, 2 and 3 of 2024 for offences under Sections 27 (1)(d), 27(1)(e)(ii), 27(1) (e)(iii) and 27(1)(e)(iv) read with Sections 47C and 47G of the Kerala Forest Act against certain persons including the 2nd respondents herein. As the facts in Crl.M.C.Nos.65 and 86 of 2025 are slightly different from those in Crl.M.C.Nos.73, 74 and 85 of 2025, the two sets of cases are dealt with separately.
Crl.M.C.Nos.73, 74 and 85 of 2025
Pursuant to the registration of O.R.Nos.1,2 and 3 of 2024, Vinod, the 5th accused in O.R.No.1 of 2025, was arrest
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