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2026 Supreme(Online)(Ker) 1317

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
MARTIN K. MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.RAJASIMHAN
For the Respondents: SRI RENJIT GEORGE, SR. PUBLIC PROSECUTOR, SRI. MVS, NAMBOOTHIRY

O R D E R

The additional 8th accused in C.C No.138/2005 on the files of the Judicial First Class Magistrate Court-I, Changanassery has filed this petition under Section 482 Cr.P.C to quash the proceedings against him consequent to the order passed by the said court under Section 319 Cr.P.C on 18.05.2007 directing the inclusion of the petitioner as the additional 8th accused in the aforesaid case.

2. Originally, there were seven accused in the aforesaid case instituted upon a private complaint filed by the second respondent. The allegation in the aforesaid complaint was that the seven accused arraigned therein had cut and removed two Anjili trees worth Rs.1,25,000/- from the landed property of the second respondent and thereby committed the offence punishable under Section 379 I.P.C r/w Section 34 I.P.C. Earlier, the second respondent had filed a complaint before the Vakathanam Police in respect of the aforesaid allegation, but the police, after investigation, filed a refer report before the learned Magistrate. It is thereafter, that the first respondent preferred the private complaint before the learned Magistrate which was taken on to files after conducting the enquiry under Sec

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