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2017 Supreme(Ker) 44

Devasia Mathew – Appellant
Versus
State Of Kerala Represented By Public Prosecutor, High Court Of Kerala, Ernakulam – Respondent


Advocates Appeared:
For the Petitioner: Sri. Abraham Vakkanal, Sri. Dijo Sebastian, Smt. Vineetha Susan Thomas, Sri. Sampath V. Toms
For the Respondents: Sri. Noble Mathew, Sri. Jolly George, Sri. T.R. Ranjith

ORDER :

The second accused in Crime No.1333 of 2014 of Kanjirappally Police Station, aggrieved by the order in C.M.P.No.1522 of 2015 of Judicial First Class Magistrate Court, Kanjirappally directing further investigation into the offences alleged against the accused under sections 3(1) r/w 25(1-B)(a), 3(2) and 21(1) r/w 25(1-B)(h) of the Arms Act, 1959 has preferred this Crl.M.C.

2. The factual matrix unravelled from the records available is as follows:-

The de facto complainant alleged that on 29.10.2014 at 8 a.m. the first accused, who is the holder of a licensed gun, along with his brother, threatened the de facto complainant to cause his murder, by displaying a sword and the gun. On the basis of the complaint lodged, crime was registered as Crime No.1251 of 2014 of Kanjirappally Police Station against both, for various offences. In the meanwhile, de facto complainant filed a private complaint as C.M.P.No.9778 of 2014 before the Judicial First Class Magistrate Court, Kanjirappally on 17.11.2014 alleging the commission of various offences under the Arms Act by the first accused along with the petitioner herein, arrayed as the second accused. The allegation was that the second accuse




















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