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2026 Supreme(Online)(Ker) 13247

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BABU P. BENEDICT – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.BINDU (SASTHAMANGALAM), SRI.G.RAJAGOPAL (KUMMANAM), SHRI.AJAY T.S., SHRI.CHERIAN K KOLLINAL
For the Respondents: SMT.M.SHAJNA, SMT.A.D.DIVYA

ORDER

The petitioners are accused Nos. 1 and 2 in Crime No. 361/2025 registered by the Kozhikode Town Police Station, Kozhikode District, alleging the commission of the offences punishable under Sections 336 (2), 337 and 340(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

2. The petitioners have filed this Criminal Miscellaneous Case to quash Annexure 1 FIR and all further proceedings in Crime No. 361/2025 on the assertion that even if the allegations in the FIR are taken on their face value, the same would not constitute the offences alleged against the petitioners.

3. The crux of the prosecution allegation is that, the second respondent had filed O.P.(M.V) No. 2424/2023 before the Motor Accidents Claims Tribunal, Kozhikode (‘Tribunal’ for short), on 13.09.2023, claiming compensation of Rs. 6/- lakh for the injuries sustained by him in a motor accident. Subsequently, on 01.04.2024, the second respondent appeared before the Tribunal and filed O.P.(M.V) No. 606/2024. He then stated that he had not entrusted the petitioners to file a claim petition on his behalf. He denied his signature in the claim petition, vakalat and the affidavit filed in the claim petition. Ac

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