IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
VALSALA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioners challenge legality of prosecution. (Para 1 , 2 , 3) |
| 2. arguments regarding false implications and civil disputes. (Para 4 , 5) |
| 3. court's assessment of evidence and prima facie validity. (Para 6) |
| 4. dismissal of petition to quash proceedings. (Para 7) |
ORDER
The accused Nos.1 and 3 to 7 in CC No.1330/2017 on the files of the Judicial First Class Magistrate Court-II, Neyyattinkara, have filed this petition under Section 528 of the BNSS to quash the proceedings against them in the aforesaid case.
2. The prosecution case is that on 30.03.2017 at about 9.30 pm, the petitioners, along with some other accused, formed themselves into an unlawful assembly, armed with dangerous weapons like stones, and committed rioting by mounting physical assault upon the de facto complainant, who was there in the temple premises of Iruvaikonam temple. It is alleged that the 1st accused caught hold of the hair of the de facto complainant, uttered abusive words upon her, and wrongfully restrained her. The other accused are alleged to have uttered abusive words and pelted stones at the de facto complainant causing injuries upon her forehead. Thus, the petitioners, along with the o
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