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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
SUBHASH KUMAR T.K. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations against the petitioners involve several ipc offences. (Para 1 , 2) |
| 2. arguments from both sides regarding the validity of the allegations. (Para 3 , 4) |
| 3. discussion of the principles relating to the inherent power to quash. (Para 6 , 7 , 8 , 9) |
ORDER
Dated this the 29th day of October, 2025 The petitioners are the accused 1 and 2 in C.C No.2046/2018 on the file of the Court of the Judicial First Class Magistrate, Kunnamkulam (‘Trial Court’, in short), which has arisen from Crime No.2096/2017 registered by the Kunnamkulam Police Station as against the accused persons for allegedly committing the offences punishable under Sections 341 , 323, 332 and 353 read with Section 34 of the Indian Penal Code (IPC).
2. The prosecution case, in essence, is that; the 2nd respondent, a Police Constable attached to the Muvattupuzha Police Station, had gone to the house of the petitioners along with his colleagues (CWs 1, 3 and 4) on 15.12.2017, at about 9 a.m, in search of the 2nd petitioner and his brother, who are the accused in Crime No.4327/2017 registered by the very same police for allegedly committing the offences under Section 420, 468 and 471 read with Section
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