Disposed

Abhijith v. the State of Kerala

Kerala HC24 Sept 2018Crl.MC/4173/2018

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed petitions seeking quashing of criminal proceedings initiated through multiple FIRs registered for separate incidents occurring in quick succession. The court held that without investigation, it cannot determine if the incidents form part of the same transaction and directed the investigating officer to file a single final report if satisfied. This is a procedural

What did the court decide?

Petitions rejected; proceedings not quashed. Investigating officer directed to file a single final report if crimes form part of the same transaction.

Abhijith Vs the State of Kerala — Quashing and FIR | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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MONDAY ,THE 24TH DAY OF SEPTEMBER 2018 / 2ND ASWINA, 1940

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Crl.MC.No. 4173 of 2018

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CRIME NO. 110/2018 OF KOYILANDY POLICE STATION, KOZHIKODE

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PETITIONER/S:

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1 ABHIJITH AGED 24 YEARS S/O.KELAPPAN, KARIBALANKANDY, VIYYOOR, KOLLAM (PO), KOYILANDY, KOZHIKODE.

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2 VAISHNAV 19 YEARS, S/O. ANIL KUMAR, PANJATTU THAZHA, PULIYANCHERY, MUCHUKUNNU (PO), KOYILANDY, KOZHIKODE.

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3 ARUNKUMAR 24 YEARS, S/O. SREEDHARAN, KANMANA MEETHAL, LAKSHAM VEEDU COLONY, PULIYANCHERY, MUCHUKUNNUR (PO), KOYILANDY, KOZHIKODE.

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4 REMYESH 32 YEARS, S/O. BABU, KOZHITHUMMAL, (PO), NADUVATHUR, KEEZHRIYUR KOYILANDY, KOZHIKODE.

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5 VISHNU PRASAD 24 YEARS, S/O. BABU, KOTTAKKUNNUMMAL, ELATTERI, KOYILANDY, KOZHIKODE.

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6 AKHIL 19 YEARS, S/O. SATHYAPALAN, PUTHUR THAZHE, VIYYOOR, KOLLAM (PO), KOYILANDY, KOZHIKODE.

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Crl.MC.No. 4173 of 2018 & con. cases

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7 AADHARSH @ MANU AGED 19 YEARS S/O. SHYJU, AYYAKKODACHAN VEETTIL, KOLLAM (PO), KOYILANDY, KOZHIKODE.

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BY ADV. SMT.K.DEEPA (PAYYANUR)

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RESPONDENT/S:

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1 THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

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2 THE SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, KOZHIKODE-673305.

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BY ADDL.DIRECTOR GENERAL OF PROSECUTION

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OTHER PRESENT:

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SR.PP.C.K.SURESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2018, ALONG WITH Crl.MC.4174/2018, Crl.MC.4175/2018 & Crl.MC.4176/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4173 of 2018 & con. cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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MONDAY ,THE 24TH DAY OF SEPTEMBER 2018 / 2ND ASWINA, 1940

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Crl.MC.No. 4174 of 2018

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CRIME NO. 116/2018 OF KOYILANDY POLICE STATION, KOZHIKODE

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PETITIONER/S:

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1 ABHILASH AGED 24 YEARS S/O.RAMAKRISHNAN, THEKKE AREEKAL, VIYYUR, KOLAM (P.O.), KOYILANDY, KOZHIKODE

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2 RAJAGOPALAN @ RAJAN AGED 45 YEARS SO/.DAMODARAN NAIR, MANAKKUALANGARA, VIYYUR, KOLAM (P.O.), KOYILANDY, KOZHIKODE

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3 ABHINANDH @ ABHINAV AGED 19 YEARS SO/.PRIYAN NANGAM VEETTILVIYYUR, KOLAM (P.O.), KOYILANDY, KOZHIKODE

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4 AJAY C.K., AGED 19 YEARS SO/.JESILAL CHEDIKULATHIL HOUSE, VIYYUR, KOLAM (P.O.), KOYILANDY, KOZHIKODE

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5 ANOOP, AGED 30 YEARS SO/.HARIDASAN KANMANVAYALKUNI, KOYILANDY, KOZHIKODE

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Crl.MC.No. 4173 of 2018 & con. cases

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6 SAJITH , AGED 24 YEARS SO/.DASAN KUTTIMAKKOOLKUNI, PULIYANCHERY, MUCHUKUNNU (P.O), KOYILANDY, KOZHIKODE

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BY ADV. SMT.K.DEEPA (PAYYANUR)

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RESPONDENT/S:

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1 THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.

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2 THE ASST. SUB INSPECTOR OF POLICE KOYILANDY POLICE STATION, KOZHIKODE-673 305.

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BY ADDL.DIRECTOR GENERAL OF PROSECUTION BY SRI.C.K.SURESH SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2018, ALONG WITH Crl.MC.4175/2018, Crl.MC.4173/2018 & Crl.MC.4176/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4173 of 2018 & con. cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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MONDAY, THE 24TH DAY OF SEPTEMBER 2018 / 2ND ASWINA, 1940

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Crl.MC.No. 4175 of 2018

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CRIME NO. 114/2018 OF KOYILANDY POLICE STATION, KOZHIKODE

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PETITIONER/S:

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1 ARUN @ AJIN AGED 25 YEARS

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S/O. CHANDRAN, PANHATTU THAZHA, KOLLAM (PO), KOYILANDY, KOZHIKODE.

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2 ARUN, AGED 27 YEARS, S/O. RAJAN, VAZHIPOKKU KUNI, VIYYUR, KOLLAM (PO), KOYILANDY, KOZHIKODE.

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3 ARUN KRISHNA 24 YEARS, S/O. RADHAKRISHNAN, POOTHERI KUNNUMMAL, VIYYUR, KOLLLAM (PO), KOYILANDY, KOZHIKODE.

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4 SURESH BABU @ SURA AGED 42 YEARS S/O. KELAPPAN, ALATTIL, KODAKKATTUM MURI, MUCHUKUNNU (PO), KOYILANDY, KOZHIKODE.

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5 AJITH 19 YEARS, S/O. DASAN, KUTTIMAKKOOL KUNI, PULIYANCHERY, MUCHUKUNNU (PO), KOYILANDY, KOZHIKODE.

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6 ABHILASH 31 YEARS, S/O. RAGHAVAN, KOROTH MEETHAL, PULIYANCHERY, MUCHUKUNNU (PO), KOYILANDY, KOZHIKODE.

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Crl.MC.No. 4173 of 2018 & con. cases

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BY ADV. SMT.K.DEEPA (PAYYANUR)

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RESPONDENT/S:

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1 THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

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2 THE SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, KOZHIKODE-673305.

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BY ADDL.DIRECTOR GENERAL OF PROSECUTION BY SRI.C.K.SURESH SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2018, ALONG WITH Crl.MC.4173/2018, Crl.MC.4176/2018 & Crl.MC.4174/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4173 of 2018 & con. cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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MONDAY ,THE 24TH DAY OF SEPTEMBER 2018 / 2ND ASWINA, 1940

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Crl.MC.No. 4176 of 2018

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CRIME NO. 106/2018 OF KOYILANDY POLICE STATION, KOZHIKODE

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PETITIONER/S:

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1 AKHIL CHANDRAN AGED 25 YEARS S/O. CHANDRAN, AREEKKAL MEETHAL, VIYYOOR, KOLLAM P.O., KOYILANDY, KOZHIKODE.

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2 ATHUL @ KANNAN, AGED 22 YEARS S/O. GOPAL, KOYILI VEETTIL, VIYYOOR KOLLAM P.O.,KOYILANDY, KOZHIKODE.

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3 THEJAS AGED 22 YEARS S/O. BALAN, MARUVOTTE, VIYYOOR, KOLLAM P.O., KOYILANDY, KOZHIKODE.

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4 JISHNU DHATH AGED 25 YEARS S/O. ACHUTHAN, MEPPAYIL HOUSE, KEEZHRIYUR P.O., KOYILANDY, KOZHIKODE.

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5 BAGEESH

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19 YEARS, S/O. UNNIKRISHNAN, KANMANA VAYALIL, PULIYANCHERY, MUCHUKUNNU P.O., KOYILANDY, KOZHIKODE.

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Crl.MC.No. 4173 of 2018 & con. cases

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6 DEEPESH 31 YEARS, S/O. SIVADASAN, CHETTIAMKANDY, PULIYANCHERY, MUCHUKUNNU P.O., KOYILNADY, KOZHIKODE.

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7 ARUN KRISHNA AGED 23 YEARS S/O. RADHAKRISHNAN, POOTHERI KUNNUMMAL, VIYYOOR, KOLLAM P.O., KOYILNADY, KOZHIKODE.

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BY ADV. SMT.K.DEEPA (PAYYANUR)

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RESPONDENT/S:

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1 THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT, OF KERALA, ERNAKULAM-31.

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2 THE ASST. SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, KOZHIKODE-673305.

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BY ADDL.DIRECTOR GENERAL OF PROSECUTION BY SRI.C.K.SURESH, SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2018, ALONG WITH Crl.MC. 4173/2018, Crl.MC. 4175/2018, Crl.MC.4174/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4173 of 2018 & con. cases

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ORDER

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Petitions filed under Section 482 Cr.P.C.

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2. Petitioners in Crl.M.C. Nos. 4173, 4174, 4175 & 4176 of 2018 are some of the accused in Crime Nos. 110, 116, 114 & 106 of 2018 of Koyilandy Police Station respectively. The main allegation is that the accused in each of the cases, armed with deadly weapons, formed themselves into unlawful assembly and attempted to commit murder of certain persons.

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The proceedings are sought to be quashed on the ground that all the crimes were registered in respect of one and the same incident.

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3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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4. I have perused the FIR in each case. All the incidents happened on the same date. The time of occurrence is different. Going by the prosecution case, the incident happened in quick succession. It cannot be said at this

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Crl.MC.No. 4173 of 2018 & con. cases

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stage that all the incidents were part of the same transaction.

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5. After investigation, if the investigating officer is satisfied that they formed part of the same transaction, he may file a single final report. The proceedings cannot be quashed.

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In the result, these Crl.M.C.s are disposed of directing the investigating officer to file a single final report if he is satisfied after investigation that the incident involved in

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all the cases formed part of the same transaction.

Sd/-

K.ABRAHAM MATHEW

JUDGE

Bka/24.09.2018

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Crl.MC.No. 4173 of 2018 & con. cases

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Crl.MC.No. 4173 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I CERTIFIED COPY OF THE FIR OF CRIME NO. 110/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE

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ANNEXURE II TRUE COPY OF THE FIR OF CRIME NO. 106/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE.

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ANNEXURE III TRUE COPY OF THE FIR OF CRIME NO. 114/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE.

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ANNEXURE IV TRUE COPY OF THE FIR OF CRIME NO. 116/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE.

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Crl.MC.No. 4174 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I CERTIFIED COPY OF THE FIR OF CRIME NO.116/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE

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ANNEXURE II CERTIFIED COPY OF THE FIR OF CRIME NO.106/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE

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Crl.MC.No. 4173 of 2018 & con. cases

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ANNEUXRE III CERTIFIED COPY OF THE FIR OF CRIME NO.110/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE ANNEXURE IV CERTIFIED COPY OF THE FIR OF CRIME NO.114/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE

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Crl.MC.No. 4175 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 CERTIFIED COPY OF THE FIR OF CRIME NO. 114/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE.

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ANNEXURE II TRUE COPY OF THE FIR OF CRIME NO. 106/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE.

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ANNEXURE III TRUE COPY OF THE FIR OF CRIME NO. 110/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE.

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ANNEXURE IV TRUE COPY OF THE FIR OF CRIME NO. 116/2018 OF THE KOYLANDY POLICE STATION, KOZHIKODE.

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Crl.MC.No. 4173 of 2018 & con. cases

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Crl.MC.No. 4176 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I CERTIFIED COPY OF THE FIR OF CRIME NO. 106/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE. ANNEXURE II TRUE COPY OF THE FIR OF CRIME NO. 110/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE. ANNEXURE III TRUE COPY OF THE FIR OF CRIME NO. 114/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE. ANNEXURE IV TRUE COPY OF THE FIR OF CRIME NO. 116/2018 OF THE KOYILANDY POLICE STATION, KOZHIKODE.

Abhijith v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Abhijith v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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