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2010 Supreme(Online)(KER) 13293

HIGH COURT OF KERALA
V.RAMKUMAR, J
MOHAN NATH K.L. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.K.JAJU BABU

ORDER

Petitioner, who is the 5th accused in Crime No.94/2009 of Kalloorkad Police Station registered for offences punishable under Section 3 read with Section 25 1 B(a) of the Arms Act, 1959 and Section 34 IPC seeks to quash Annexure A FIR.

2. According to the petitioner, as against the 2nd accused the said FIR was quashed by this Court in Crl.M.C.No.3714/2009 as evidenced by Annexure B order dated 15.2.2010.

3. The learned Public Prosecutor submitted that pursuant to Annexure A- FIR, the investigation was completed and final report was filed on 11.5.2010 before the J.F.C.M, Muvattupuzha and therefore the petitioner should have challenged the final report if at all there is any ground to do so.

4. The case of the prosecution is that on 23.3.2009, accused numbers 1 to 5 while proceeding in a Tata Indica Car were detained by certain persons who informed the Police and when the Police arrived at the spot they found A1 and A2 in possession of two guns and A1 and A2 were unable to produce the licence for the guns. Since A1 and A2 were in possession of fire arms without licence, the above crime was registered.

5. During subsequent investigation, it has been found that both A1 and A2 were hav

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