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2016 Supreme(Online)(KER) 31120

HIGH COURT OF KERALA
B.KEMAL PASHA, J
vs


Advocates:
SRI.C.A.ANOOP, SMT.C.K.REMANY, SRI.SAJAN VARGHEESE K., SRI.LIJU. M.P, SMT.MAYA

O R D E R

~ ~ ~ ~ ~ ~

Heard learned counsel for the petitioners, learned counsel for the 1st respondent and learned Public Prosecutor.

2. Initially, the crime was registered as Crime No.591/2011 of Vadakkencherry Police Station alleging offences punishable under Sections 143, 147, 148, 452, 341, 323, 324, 308 and 294(b) read with Section 149 IPC in which the petitioners were A9 and A10. The matter was investigated and the investigating officer has dropped A9 and A10 from the array of the accused and indicted the other accused in the crime. Subsequently, the de facto complainant came to know about it and then, he has approached the court below with Annexure-V complaint stating that, in spite of specific evidence in the statements of witnesses as against these petitioners, they were unnecessarily dropped from the array of the accused. The learned Magistrate has gone through the records and found that they have been unnecessarily dropped from the array of the accused. Consequently, cognizance was taken against them also for the offences alleged against the other accused. The matter is presently pending committal as CP.47/2015 before the Judicial First Class Magistrate's Court, Alathur.

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