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KERALA HIGH COURT
A.M. Shaffique, J
Mohammed Hayath Khatib – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. overview of the allegations against the petitioner. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties regarding the sufficiency of the evidence. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court's analysis of the relevant legal provisions and evidence. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. conclusion drawn by the court regarding abuse of process. (Para 18) |
| 5. final ruling of the court. (Para 19) |
1. The petitioner is the sole accused in crime No. 640 of 2015 of Elamakkara Police Station. The said crime has been registered alleging offence punishable under S.416, S.419, S.464, S.465, S.468 and S.484 of the IPC . Investigation has been completed and Annexure - B final report has been laid before Court. The same is sought to be quashed in this petition filed under S.482 of the Code of Criminal Procedure (hereinafter referred to as “the Code” for brevity).
2. Facts relevant for appreciating the contentions of the petitioner can be encapsulated in the following manner:
The Sub Inspector of Police along with his party, while on patrol duty on 07/08/2015, received reliable information that a person was residing within his jurisdictional limits, claiming to be a Sub Collect
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