Allowed

Suo Motu v. State of Kerala

Kerala HC20 Dec 2018Crl.RC/2363/2018

Case brief

AI extract

What is this about?

Single judge allowed criminal revisions challenging illegal discharge orders. The court held that Magistrates wrongly closed proceedings under Section 258 Cr.P.C. without verifying service of process or initiating absconding proceedings under Sections 82 and 83 Cr.P.C., setting aside the orders.

What did the court decide?

Order of discharge set aside; Magistrate directed to take back files and proceed in accordance with law.

Suo Motu Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 29TH AGRAHAYANA, 1940

¶5

Crl.RC.No. 1919 of 2018

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AGAINST THE ORDER/JUDGMENT IN ST 4026/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶7

ACCUSED:

¶8

SUO MOTU PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

¶9

COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,PALLITHOTTAM, CR 1430/2014.

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2 ALBI SESHAYYA (AS VERIFIED WITH CHARGE SHEET & NOTICE),S/O.GEORGE, DEPOT PURAYIDAM,PALLITHOTTAM, KOLLAM WEST VILLAGE.

¶12

ALEX M THOMBRA SENIOR PUBLIC PROSECUTOR

¶13

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 20.12.2018, ALONG WITH Crl.RC.2091/2018, Crl.RC.2093/2018, Crl.RC.2111/2018, Crl.RC.2154/2018, Crl.RC.2178/2018, Crl.RC.2295/2018, Crl.RC.2324/2018, Crl.RC.2363/2018, Crl.RC.2408/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

Crl.RC 1919/2018 & Conn. Cases

¶15

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶17

PRESENT

¶18

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶19

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶20

Crl.RC.No. 2091 of 2018

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AGAINST THE ORDER/JUDGMENT IN ST 5019/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶22

ACCUSED:

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SUO MOTU

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PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

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COMPLAINANTS:

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1 STATE OF KERALA

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REPRESENTED BY THE SUB INSPECTOR OF POLICE,PALLITHOTTAM, CR.674/2015.

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2 ALBERT @ PODIYAN S/O.JUSAMARIYAN, PANTHAL VEEDU PURAYIDOM,VADDY, THANGASSERY, KOLLAM WEST VILLAGE.

¶29

ALEX M THOMBRA SENIOR PUBLIC PROSECUTOR

¶30

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.1919/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶31

Crl.RC 1919/2018 & Conn. Cases

¶32

¶33

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶34

PRESENT

¶35

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶36

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶37

Crl.RC.No. 2093 of 2018

¶38

AGAINST THE ORDER/JUDGMENT IN ST 3957/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶39

ACCUSED:

¶40

SUO MOTU

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PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

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COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST, CR.1083/2013.

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2 ANSIL

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S/O.ANTONY, CHIRAKKAROTTU VEEDU, NEAR KURISSADI, KEEKKOLILMUKKU,KUREEPUZHA CHERI, THRIKKADAVOOR VILLAGE.

¶46

ALEX M THOMBRA SENIOR PUBLIC PROSECUTOR

¶47

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.1919/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶48

Crl.RC 1919/2018 & Conn. Cases

¶49

¶50

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶51

PRESENT

¶52

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶53

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶54

Crl.RC.No. 2111 of 2018

¶55

AGAINST THE ORDER/JUDGMENT IN ST 4041/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶56

ACCUSED:

¶57

SUO MOTU

¶58

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

¶59

COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,PALLITHOTTAM, CR 1452/2014.

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2 BLASIL BASIL

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(AS VERIFIED WITH CHARGE SHEET & NOTICE),S/O.LAWRENCE, VAYALIL PURAYIDAM,KAIKULANGARA CHERI,KOLLAM WEST VILLAGE.

¶63

ALEX M THOMBRA SENIOR PUBLIC PROSECUTOR

¶64

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.1919/2018 ALONG WITH CONNECTED CASES , THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶65

Crl.RC 1919/2018 & Conn. Cases

¶66

¶67

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶68

PRESENT

¶69

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶70

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶71

Crl.RC.No. 2154 of 2018

¶72

AGAINST THE ORDER/JUDGMENT IN ST 5251/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶73

ACCUSED:

¶74

SUO MOTU

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PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/.9/2017

¶76

COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOLLAM WEST CR.566/2015

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2 RAJEEV, S/O MURALEEDHARAN,KOCHUVILA VADAKKATHIL,BHARATHAN NAGAR,THEVALLY CHERI,KOLLAM WEST VILLAGE

¶79

ALEX M THOMBRA SENIOR PUBLIC PROSECUTOR

¶80

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.1919/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶81

Crl.RC 1919/2018 & Conn. Cases

¶82

¶83

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶84

PRESENT

¶85

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶86

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶87

Crl.RC.No. 2178 of 2018

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AGAINST THE ORDER/JUDGMENT IN ST 5408/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶89

ACCUSED:

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SUO MOTU

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PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.9.2017

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COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST CR.1366/2013

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2 JOSLEY @ JOY, S/O JOSE,VAYALIL PURAYIDAM, KOTTAIKKAM NAGAR-27 KACHERI CHERI, KOLLAM WEST VILLAGE

¶95

ALEX M THOMBRA SENIOR PUBLIC PROSECUTOR

¶96

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.1919/2018 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶97

Crl.RC 1919/2018 & Conn. Cases

¶98

¶99

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶100

PRESENT

¶101

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶102

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶103

Crl.RC.No. 2295 of 2018

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AGAINST THE ORDER/JUDGMENT IN ST 5355/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶105

ACCUSED:

¶106

SUO MOTU PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶107

COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.11375/2014

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2 SHIBU, S/O.ALEXANDER, TSUNAMI COLONY, MUTHAKKARA, KAIKULANGARA CHERI, KOLLAM WEST VILLAGE.

¶110

ALEX M THOMBRA SENIOR PUBLIC PROSECUTOR

¶111

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.1919/2018 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶112

Crl.RC 1919/2018 & Conn. Cases

¶113

¶114

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶115

PRESENT

¶116

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶117

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶118

Crl.RC.No. 2324 of 2018

¶119

AGAINST THE ORDER/JUDGMENT IN ST 6945/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶120

ACCUSED:

¶121

SUO MOTU

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PROCEEDINGS INITIATED AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

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COMPLAINANTS:

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1 STATE OF KERALA STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST CR. 308/2015

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2 MELVIN, S/O.ABRAHAM, DEPOT PURAYIDATHIL, CRA-71, CANTONMENT SOUTH WARD, KOLLAM EAST VILLAGE.

¶126

ALEX M THOMBRA SENIOR PUBLIC PROSECUTOR

¶127

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.1919/2018 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶128

Crl.RC 1919/2018 & Conn. Cases

¶129

¶130

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶131

PRESENT

¶132

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶133

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶134

Crl.RC.No. 2363 of 2018

¶135

AGAINST THE ORDER/JUDGMENT IN ST 3215/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶136

ACCUSED:

¶137

SUO MOTU

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PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶139

COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST, CR.808/2014

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2 SATHEESH S/O.SASI, THANKAMMA BAHVAN, CRA 157, SMP DEPOT PURAYIDOM, CANTONMENT SOUTH CHERI, KOLLAM EAST VILLAGE,

¶142

PUBLIC PROSECUTOR SRI.ALEX M THOMBRA SENIOR

¶143

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.1919/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶144

Crl.RC 1919/2018 & Conn. Cases

¶145

¶146

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶147

PRESENT

¶148

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶149

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶150

Crl.RC.No. 2408 of 2018

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AGAINST THE ORDER/JUDGMENT IN ST 3230/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

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ACCUSED:

¶153

SUO MOTU

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PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

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COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM CR. 776/2014

¶157

2 SIBI, AGED 1 YEARS S/O.SHAMSUDEEN, EDAYILA VEEDU, WEST SIDE OF NALLEZHATHU TEMPLE, KULANGARA BHAGAM CHERI, CHAVARA VILLAGE.

¶158

PUBLIC PROSECUTOR SRI.ALEX M THOMBRA SENIOR

¶159

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.1919/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶160

Crl.RC 1919/2018 & Conn. Cases

¶161

¶162

======================

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Crl.R.C. Nos. 1919, 2091, 2093, 2111, 2154, 2178, 2295, 2324, 2363 & 2408 of 2018

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======================

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ORDER

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These criminal revision cases were registered suo motu by this

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court on its noticing that the order of discharge passed by the Judicial Magistrate of First Class-III (Temporary), Kollam in the cases covered by these criminal revision cases is illegal.

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Though notice was served on the second respondent in each case, who were the accused in the court below, they have not appeared in person or through counsel.

¶169

All the cases were registered in the court below as Summary Trial Cases.

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In these Summary Trial Cases the second respondent allegedly committed the offence punishable under Section 63 read with Section 15C of the Abkari Act.

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In the Summary Trial Cases covered by Crl.R.C Nos.1919 and 2154 of 2018 the learned Magistrate discharged the second

¶172

Crl.RC 1919/2018 & Conn. Cases

¶173

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respondent under Section 258 Cr.P.C. observing that “Even after the issuance of coercive steps the presence of accused cannot be procured with. The prosecution failed to produce the accused before the Court even after the issuance of repeated process. Hence proceedings are closed u/s 258 Cr.P.C. and the accused is discharged”. In the rest of the cases the learned Magistrate passed the following two word order “Proceedings closed u/s 258 Cr.P.C.”. In these cases no reasons are stated in the order.

¶175

It is seen from the proceedings sheet in the above cases that the learned Magistrate ordered issuance of summons to the second respondent. Thereafter she ordered issuance of non-bailable arrest warrant. It was thereafter the order of discharge was passed. The learned Magistrate has not recorded that the summons was served on the second respondent or that non-bailable arrest warrant was returned unexecuted. It is not even clear whether the process was actually issued from the court.

¶176

Even if it is assumed that the accused were absconding, the learned Magistrate should have initiated proceedings against them under Sections 82 and 83 Cr.P.C. The power under Section 258 Cr.P.C. cannot be exercised to stop the proceedings on the mere ground that the accused is absconding.

¶177

Crl.RC 1919/2018 & Conn. Cases

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Thus, in any view of the matter, the order passed by the

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learned Magistrate in these criminal revision cases is patently illegal. It is liable to be set aside.

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In the result, these criminal revision cases are allowed. The

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order passed by the learned Magistrate in the Summary Trial Cases is set aside. The learned Magistrate is directed to take back the cases on her file and proceed with them in accordance with law.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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// TRUE COPY // PA TO JUDGE

Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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