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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
PADAYAM POYIL ABID – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations of unlawful assembly and assault leading to murder. (Para 2 , 3) |
| 2. arguments on legality of adding additional accused based on testimony. (Para 5 , 6 , 7) |
| 3. discretionary powers must be supported by strong evidence. (Para 10 , 11) |
| 4. court's decision to dismiss the crl. m.c. is lawful. (Para 12 , 13 , 14) |
ORDER
Dated this the 24th day of October, 2025
The Criminal Miscellaneous Case is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023(‘ BNSS ’, for brevity) challenging Annexure A5 proceeding passed by the Additional Sessions Court - I, Thalassery (hereinafter referred to as ‘Trial Court’) in S.C. No.299/2010, arising out of Crime No.748/2008 registered by the Mattannur Police Station, Kannur, against the accused persons for allegedly committing the offences punishable under Sections 143, 147, 148, 307 and 302 r/w Section 149 of Indian Penal Code(IPC).
2. The prosecution case, in essence, is that on 16.12.2008, at about 20.10 hours, the accused 1 to 8, in prosecution of their common intention, formed an unlawful assembly and attacked the de facto complainant and others with deadly weapons and attempted to murder them.
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