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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHAMNAD S/O ALIYAR, PAZHAMBILLIL(H), MADIYOORKARA, PALLARIMANGALAM.P.O, PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM RURAL, KERALA, PIN - 686671 – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031 – Respondent
| Table of Content |
|---|
| 1. allegations regarding common intention and assault on complainants. (Para 2) |
| 2. arguments regarding the validity of allegations and the alleged concoction of the case. (Para 3 , 4 , 5) |
| 3. court’s rationale for exercising discretion in quashing proceedings. (Para 6 , 7 , 8) |
O R D E R
The petitioners are accused Nos.1 to 7 in C.C.No.527 of 2024 on the file of the Court of the Judicial Magistrate of First Class-II, Kothamangalam ('Trial Court', in short), which has originated from Crime No.554 of 2024 registered by the Pothanikad Police Station, Ernakulam, alleging the commission of the offences punishable underSections 296(b), 115(2) and 126(2) read withSection 3(5) of theBharatiya Nyaya Sanhita, 2023('BNSS, in short).
2. The gravamen of the prosecution in Annexure A1 final report is that, the accused persons, in furtherance of their common intention, being aggrieved by the defacto complainant's (3rdrespondent) opposition to the Pazhambilli Family's demand to administer and manage the Madiyoor Mosque and with the intention to cause hurt to CW1, on 09.08.2024, at approximately 13.15 hours, while the prayers were going on in the Mosque, the 3rdaccused spoke rudely to the
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