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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
AJITH TIWARI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused's absence led to non-bailable warrant issuance. (Para 1 , 2) |
| 2. legal representation asserted misapplication of trial court's ruling. (Para 3 , 4) |
| 3. court justified the trial court's decision on repeated absences. (Para 5 , 6 , 7) |
ORDER
The petitioners are accused Nos.3 and 4 in CC No.102/2023 on the file of the Court of Chief Judicial Magistrate, Alappuzha (Trial Court) which has originated from Crime No.374/2022 registered at North Police Station, Alappuzha, alleging the commission of offences punishable under Section 420 r/w Section 34 of the Indian Penal Code and Section 43 (e) r/w Section 66 of the Information Technology Act .
2. The petitioners have stated in the Criminal Miscellaneous case that they were arrested from Kanpur (UP) on 01.12.2022 and produced before the Trial Court on 04.12.2022. There is no evidence to substantiate the petitioner’s culpability in the crime. The petitioner desires to file a discharge petition. However, since the petitioners are natives of Kanpur (UP), they filed an application for personal exemption on 27.11.2025, on medical grounds. But, by Annexure-3 proceedings dated 27.11.2025, the Trial Court has dismissed the ap
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