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2025 Supreme(Online)(Ker) 57417

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
RICKY BEN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.SANJAY, SMT.A.PARVATHI MENON, SRI.BIJU MEENATTOOR, SRI.PAUL VARGHESE (PALLATH)
For the Respondents: SMT SEENA C, PP

Table of Content
1. prosecution relies on evidence of weapon recovery. (Para 2 , 3)
2. court discusses maintainability of prosecution. (Para 4 , 5)

ORDER

The accused in C.C.No.665 of 2017 on the files of the Judicial First Class Magistrate Court - IX, Ernakulam, has filed this petition under Section 482 Cr.P.C. to quash the proceedings against him in the said case.

2. The prosecution case is that on 15.01.2017, at about

11.00 am, a sword-stick, which is neither used for domestic or agricultural purposes, was found in the compound of the family house of the petitioner, and hence he committed the offence punishable under Section 27 of the Arms Act, 1959 .

3. In the present petition, the petitioner would contend that he is totally innocent, and that he has been falsely implicated in this case. According to the petitioner, he is totally unaware of the presence of the sword-stick, which the police is said to have recovered from the premises of the family house of the petitioner. It is further stated that the prosecution is not maintainable for want of the mandatory notifications as required under Section 4 of the Arms Act.

4. Heard the learned counsel for the petitioner and the learned Pub

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