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2026 Supreme(Online)(Ker) 456

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
REENA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.AJITH M. JIJI, SHRI.BEYON T. VARGHESE, SMT.MINTU JOSE
For the Respondents: SR.PUBLIC PROSECUTOR-SRI.A.VIPIN NARAYAN

O R D E R Dated this the 7th day of January, 2026 The accused persons in CC. No.1866/2022 on the file of the Judicial First Class Magistrate Court-I, Kochi, arising out of Crime No.1616/2021 of Palluruthy Police Station, filed this petition being aggrieved by the order of the learned Magistrate in CMP. No.1630/2023, dismissing the said application with respect to the offence under Section 506 (ii) of IPC . In the final report filed by the police offences under Sections 294(b), 506 r/w 34 were included. The petitioners filed CMP. No.1630/2023 praying for discharge. As per the order dated 25.8.2023, the learned Magistrate allowed the said application in part, discharged them of the offence under Section 294(b) of and decided to proceed against them under (ii) of the . Being aggrieved by the said order, they preferred this revision petition.

2. One of the arguments advanced by the learned counsel for the petitioners is that the offence under Section 506 IPC is non-cognizable and as such in the absence of sanction under Section 155(2) of Cr.P.C., the learned Magistrate was not justified in proceeding further against them under Section

506 of IPC alone.

3. It was further contend

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