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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
LIFFIN SEBASTIAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. court challenges dismissal of discharge petition based on ipc. (Para 1 , 2 , 3) |
| 2. arguments regarding the nature of the weapon in question. (Para 4 , 5) |
| 3. court's observation on evidence and accusations. (Para 6 , 7 , 8 , 9) |
| 4. final dismissal of the revision petition. (Para 10) |
ORDER
Order dated 24.04.2019 of the Judicial First Class Magistrate Court, Kolencherry, dismissing the petition for discharge filed by the accused in C.C.No.1097/2016 on the files of the said court, is under challenge in this revision petition.
2. The prosecution case is that on 20.08.2016, the petitioner wrongfully restrained the defacto complainant and inflicted hurt upon him with an umbrella, causing injuries. Accordingly, the accused has been charge-sheeted by the Sub Inspector of Police, Kunnathunadu, for the commission of offences under Sections 341 and 324 of the Indian Penal Code, 1860 .
3. The petitioner filed C.M.P.No.928/2019 before the learned Magistrate, seeking discharge, contending that a false case has been foisted against him. According to the petitioner, the injuries suffered by the defacto complainant did not correspond to the alleged acts attributed to the petitioner. The
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