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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
VIPIN @ LALU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations of wielding a sword against police are detailed. (Para 2) |
| 2. arguments presented on the prosecution's case and petitioner’s defense. (Para 3 , 4 , 5 , 6) |
| 3. court's contemplation of principles guiding inherent powers. (Para 7 , 8 , 9 , 10) |
| 4. dismissal of the application due to lack of justification. (Para 11) |
ORDER
The petitioner is the accused in C.C.No.918/2015 on the file of the Court of the Judicial First Class Magistrate-II, Kollam, which has arisen from Crime No.2385/2014 registered by the Kottiyam Police Station, Kollam, alleging the commission of the offences punishable under Sections 353 and 506(ii) of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959 .
2. The crux of the prosecution case is that; on
13.12.2014, at around 17.50 hours, while the defacto complainant (2nd respondent – who is the Sub Inspector of Police) along with other Civil Police Officers, were proceeding in a station jeep, they received information that a person was brandishing a dangerous sword in a threatening manner and causing fear and panic to pedestrians and shopkeepers. When the police party reached the scene of occurrence, the petitioner wielded a sword a
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