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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SHIYAS P.H. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenges to an order of discharge must establish no ground for presuming guilt. (Para 1 , 2) |
| 2. the magistrate must determine if prima facie evidence exists to proceed. (Para 3 , 4 , 7) |
| 3. courts cannot speculate into the truth or falsity of evidence at discharges. (Para 10 , 11 , 12 , 13 , 14) |
| 4. magistrate's decisions on charges must be respected unless clearly unreasonable. (Para 20 , 21) |
K.BABU, J.
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Crl.R.P No.1350 of 2025 ---------------------------------------
Dated this the 4th day of February, 2026 O R D E R The Revision Petitioner challenges the order dated 12.11.2025 in C.M.P No.2436/2025, an application seeking discharge filed under Section 239 Cr.PC, on the file of the Judicial First Class Magistrate Court-III, Kollam. The revision petitioner is the accused in C.C No.124/2019. He is alleged to have committed the offences punishable under Sections 323, 324 and 506(i) of the IPC.
2. The prosecution case as narrated in Anx.A5 order in CMP No.2436/2025 reads thus:
“On 09.02.2019, at about 10.00 a.m., the defacto complainant, along with his sons, was present at the Hon'ble Family Court, Kollam, for handing over the seven-ye
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