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2026 Supreme(Online)(Ker) 12554

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
ABDUL RAHIMAN.M. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.ARUNKUMAR
For the Respondents: SRI. SANAL P. RAJ

O R D E R

The petitioner herein is the 11th accused in Crime No.410/2015 of Bekal Police Station, Kasaragod. The allegation against him is that he, along with the other accused arraigned as A1 to A10 and A12 to A15 and about 100 other unidentified persons, indulged in fighting in a public place at Mangad, at about 08:30 p.m, on 02.06.2015; and when the Police party intervened to disperse them, they attacked Police personnel and caused injuries to them.

2. The case against 13 accused, except the petitioner herein and the original 7th accused, was committed by the Judicial First Class Magistrate Court-II, Hosdurg, vide proceedings in C.P.No.11/2016. The aforesaid case was accordingly numbered as S.C.No.631/2016 by the Sessions Court, Kasaragod, and made over to the Additional Sessions Court-III, Kasaragod, for trial. In the meanwhile, the Public Prosecutor concerned filed an application under Section 321 of the Code of Criminal Procedure, 1973 , seeking withdrawal of the prosecution. The aforesaid request of the prosecution was allowed by the learned Additional Sessions Judge-III, Kasaragod, and a judgment was rendered in S.C.No.631/2016 on 15.02.2019, acquitting the above said 13 a

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