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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RAJEEV – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the case and theft allegations. (Para 1 , 2) |
| 2. discussion on dismissal of applications. (Para 4 , 5) |
| 3. examination of procedural omissions. (Para 6 , 8) |
| 4. reference to section 497 of the bnss. (Para 9) |
| 5. final ruling and directive. (Para 10) |
COMMON ORDER
As the Criminal Miscellaneous Cases are filed assailing the common order passed by the Court of the Judicial First Class Magistrate-I, Ponnani (‘Trial Court’, for brevity), dismissing applications filed under Section 497 of the Bharatiya Nagarik Suraksha Sanhita (‘ BNSS ’, for short), they are consolidated, jointly heard, and are being disposed of by this common order.
2. Crime No. 545/2024 was registered by the Ponnani Police Station, Malappuram District, as against the accused persons alleging the commission of the offences under Sections 457, 461 and 380 of the Indian Penal Code.
3. The crux of the prosecution case is that;
Between 10.04.2024 and 13.04.2024, the accused persons had trespassed into the house of the defacto complainant (the petitioner in Crl.M.C No. 526/2026)
and committed theft of his gold ornaments and valuable household articles. The accused persons melted the gold ornaments into
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