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2026 Supreme(Online)(Ker) 20623

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


Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.M.S.ANEER, SRI.V.VINAY, SHRI.PRERITH PHILIP JOSEPH, SHRI.SARATH K.P., SHRI.ANILKUMAR C.R.
For the Respondents: SRI M P PRASANTH

Table of Content
1. circumstances of petitioners' arraignment. (Para 1 , 2)
2. arguments related to victim testimony. (Para 3 , 4)
3. court's assessment of evidence and precedents. (Para 5 , 6 , 7 , 8)
4. court's final ruling on dismissal. (Para 9)

O R D E R

Aggrieved by Annexure IV order passed by the Additional Sessions Judge-VI, Thiruvananthapuram (‘Trial Court’, for short), arraigning the petitioners as the accused Nos. 9 and 10 in S.C.No.576/2015, under Section 319 of the Code of Criminal Procedure (‘CrPC’, in short), this Criminal Miscellaneous Case is filed.

2. The petitioners have stated in the criminal miscellaneous case that, during the examination of PW1 (CW2-victim), out of his personal grudge towards the petitioners, he falsely gave an embellished version that the petitioners had inflicted injuries on him with a blunt object and sword, but the Investigating Officer did not arraign the petitioners as accused in the case. Immediately, the prosecution filed Annexure II application to array the petitioners as accused in the crime, which was allowed by the Trial Court by the impugned Annexure IV order. The Trial Court has failed to comprehend the fact that the Investigating Of

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