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2025 Supreme(Online)(Ker) 46585

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
HAMEED S/O.MEERAN, PADINJARECHALIL, IRAMALOOR P.O., NELLIKUZHI,KOTHAMANGALAM – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.C.ANIL KUMAR, SRI.ELDHOSE ELIAS, SHRI.T.M.SUDHEER
For the Respondents: SRI.PEEYUS A.KOTTAM, MAYA.M.N(PP)

ORDER

This criminal revision petition is filed challenging Annexure A4 order dated 20.05.2017, passed by the 2nd respondent under Section 138 of Cr.P.C.

2. The facts, which are necessary for the disposal of this criminal revision petition, are as follows;

The 3rd respondent herein preferred Annexure A1 petition dated 16.07.2016 before the 2nd respondent alleging that the revision petitioner has encroached the 'Thondu Vazhi' and is obstructing her from using it in accessing her property. Consequently, Annexure A2 conditional order was passed by the 2nd respondent under Section 133 of Cr.P.C directing the revision petitioner to restore the 'Thondu Vazhi' or to appear before him and show cause as to why the afore order cannot be made absolute. Thereupon, the revision petitioner filed Annexure A3 objection disputing the claim of the 3rd respondent and the 2nd respondent, after considering the materials on record, passed Annexure A4 order on 20.05.2017, making Annexure A2 conditional order absolute.

2. There is no representation for the revision petitioner and the 3rd respondent. Heard the learned Public Prosecutor. Perused the records.

3. The prime contention seen raised in this revisio

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