Allowed

Sigin Thomas, v. State of Kerala

Kerala HC20 Oct 2022Crl.MC/1434/2020

Case brief

AI extract

What is this about?

Accused persons filed criminal misc. cases seeking to quash proceedings under various IPC sections in a factional dispute within a Church. The High Court allowed the petitions, finding that the incidents involved minor injuries and a long-standing dispute now settled, invoking Section 482 Cr.P.C. to quash proceedings to preserve peace.

What did the court decide?

The final report submitted in Crime No.348 of 2019 and all further proceedings, including those in S.C.No.368 of 2021, were quashed.

Sigin Thomas, Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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Crl.M.C.Nos.6803/22 & 1434/20

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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 ZIYAD RAHMAN A.A.

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THURSDAY, THE 20^TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

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CRL.MC NO. 6803 OF 2022

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AGAINST THE ORDER/JUDGMENTSC 368/2021 OF ADDITIONAL DISTRICT

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& SESSIONS COURT,MOOVATTUPUZHA

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PETITIONERS/ACCUSED 1 TO 3 AND 5 TO 12:

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1 ELDHO.P.I., AGED 49 YEARS, S/O.ITTAPIRY, AGED 49 YEARS, PENTHALA HOUSE, RAMALLOOR, PUTHENCRUZ VILLAGE, ERNAKULAM DISTRICT., PIN – 688 537.

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2 GRINTO MATHEW, AGED 29 YEARS, S/O.MATHEW, AGED 29 YEARS, KOODIYATTU HOUSE, VEMBILLY P.O., PUTHENCRUZ VILLAGE, ERNAKULAM DISTRICT., PIN – 683 565.

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3 SUBIN PAUL, AGED 28 YEARS, S/O.PAULSE, EDAYANAL HOUSE, KANINADU P.O., PUTHENCRUZ, ERNAKULAM DISTRICT, PIN – 682 310.

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4 FR.K.K.VARGHESE, AGED 58 YEARS, S/O.KURIAKOSE, AGED 58 YEARS, KARIMANAKKAL HOUSE, ARAKKAPPADY, VALAMBOOR, MAZHUVANOOR VILLAGE, ERNAKULAM DISTRICT, PIN – 682 310.

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5 ELDHO MATHEW, AGED 26 YEARS, S/O.MATHAI, AGED 26 YEARS, EDAYANAL HOUSE, PAZHATHOTTAK KARA, PANCODE P.O.,

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Crl.M.C.Nos.6803/22 & 1434/20 2

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	ERNAKULAM DISTRICT, PIN – 682 310.
6	REJI.C.A., AGED 52 YEARS, S/O.ABRAHAM, AGED 52 YEARS, CHEMBOTH HOUSE, VADAVUCODE P.O., ERNAKULAM DISTRICT, PIN – 682 310.
7	E.P.SUNNY, AGED 58 YEARS, S/O.PAULOSE, AGED 58 YEARS, EDAYANAL HOUSE, PAZHAMTHOTTAM P.O.,
	ERNAKULAM DISTRICT, PIN – 683 562.
8	NAMMESH RAJU, AGED 25 YEARS, S/O.RAJU, AGED 25 YEARS, PADIPPURAKKAL HOUSE, PAZHAMTHOTTAM P.O., ERNAKULAM DISTRICT, PIN – 683 562.
9	T.K.MARKOSE, AGED 56 YEARS, S/O.KURIAKOSE, AGED 56 YEARS, THOTTATHIL HOUSE, PAZHAMTHOTTAM P.O., ERNAKULAM DISTRICT, PIN – 683 562.
10	K.V.MATHEW, AGED 56 YEARS, S/O.VARKEY, AGED 51 YEARS, KOODIYATTU HOUSE, RAMALLOOR KARA, VEMBILLY P.O., ERNAKULAM DISTRICT, PIN – 683 565.
11	ALEN PETER, AGED 22 YEARS, S/O.PETER K. THOMAS, AGED 22 YEARS, PERINGATTU HOUSE, PAZHAMTHOTTAM P.O., ERNAKULAM DISTRICT, PIN – 683 562.
	BY ADVS. PAUL K.VARGHESE

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Crl.M.C.Nos.6803/22 & 1434/20

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A.A.GEETHA

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RESPONDENTS/COMPLAINANTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

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2 AKHIL ELDHO, S/O.ELDHO, CHITTILAPPARA HOUSE, NEAR PAZHAMTHOTTAM FEDERAL BANK, PAZHAMTHOTTAM KARA, AIKKARANAD VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN-682 311.

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3 JAISON, S/O.VARGHESE, MANAPPILLYKUDI VEETTIL, PAZHAMTHOTTAM

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KARA, AIKKARANAD NORTH VILLAGE, KUNNATHUNA DU TALUK, ERNAKULAM DISTRICT-682 311.

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BY ADV. RAHANA JOSE

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SRI.C.S.HRITHWIK – SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.10.2022, ALONG WITH Crl.MC.1434/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.6803/22 & 1434/20

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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 ZIYAD RAHMAN A.A.

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THURSDAY, THE 20^TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

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CRL.MC NO. 1434 OF 2020

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CRIME NO.348/2019 OF Puthencruz Police Station, Ernakulam AGAINST THE ORDER/JUDGMENTCP 23/2019 OF JUDICIAL MAGISTRATE

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OF FIRST CLASS ,KOLENCHERRY

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PETITIONER/4TH ACCUSED:

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SIGIN THOMAS, AGED 39 YEARS, S/O.E.V. THOMAS, EDAYANAL HOUSE, PAZHAMTHOTTAM KARA, AIKKARANAD VILLAGE, KUNNATHU TALUK, ERNAKULAM DISTRICT.

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BY ADV.PAUL K.VARGHESE

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RESPONDENTS/STATE/COMPLAINANTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

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2 AKHIL ELDHO,

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S/O.ELDHO, CHITTILAPPARA HOUSE, NEAR PAZHAMTHOTTAM FEDERAL BANK, PAZHAMTHOTTAM KARA, AIKKARANAD VILLAGE, KUNNATHU TALUK, ERNAKULAM DISTRICT, PIN-682 311.

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3 JAISON, S/O.VARGHESE, MANAPPILLYKUDI VEETTIL, PAZHAMTHOTTAM KARA, AIKKARANAD NORTH VILLAGE,

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Crl.M.C.Nos.6803/22 & 1434/20

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KUNNATHU TALUK, ERNAKULAM DISTRICT-682 311.

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4 ELDHO PATHROSE, S/O.PATHROSE MAITHKUDI HOUSE, PAZHAMTHOTTAM KARA, IKKARANADU NORTH VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT (SOUGHT TO BE IMPLEADED)

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5 VARGHESE JOHNY, S/O.KURIAN, EDANILATHIL HOUSE, PAZHAMTHOTTAM KARA, IKKARANADU NORTH VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT ( SOUGHT TO BE IMPLEADED )

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BY ADVS. SRI.S.RAJEEV Paul k Varghese SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE SRI.K.ANAND (A-1921)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.10.2022, ALONG WITH Crl.MC.6803/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.6803/22 & 1434/20

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O R D E R

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[Crl.MC Nos.6803/2022, 1434/2020]

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These Crl.M.C.s are filed by the accused persons 1 to 12 in Crime No.348 of 2019 of Puthancruzu Police Station, which is now pending as S.C.No.368 of 2021 on the file of the Additional Sessions Court, Muvattupuzha. The offences alleged against the petitioners are under Sections 143, 144, 147, 148, 323, 307 and 149 IPC.

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The prosecution case is that on 19.04.2019 at about 4 P.M the accused persons entered the premises of St.Mary’s Orthodox Church, Pazhamthottam, with the intention to cause injuries to the de facto complainant and assaulted him. When the respondents 3 to 11 tried to intervene, they were also attacked; thereby, the accused persons committed the offence. The final report is produced as Annexure-XVIII in Crl.M.C.No.1434 of 2020 and Annexure-I in Crl.M.C.No.6803 of 2022. These Crl.M.Cs are filed to quash the said final report and all further proceedings pursuant thereto.

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Crl.M.C.Nos.6803/22 & 1434/20 7

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Heard Sri.Paul K.Varghese, learned counsel for the petitioners, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Smt.Rahana Jose, learned counsel for the respondents 2 and 3 in Crl.M.C.No.6803 of 2022 and Sri.S.Rajeev, learned counsel for the respondents 2 and 3 in Crl.M.C.No.1434 of 2020.

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Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-II and Annexure-III affidavits sworn by respondents 2 and 3 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the respondents 2 and 3 had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for respondents 2 and 3 confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

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Among the offences, an offence under Section 307 IPC is also included. Under normal circumstances, the prosecution

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Crl.M.C.Nos.6803/22 & 1434/20 8

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for such an offence cannot be quashed merely based on a settlement between the parties. Therefore, I have carefully gone through the contents of the final report and materials placed along with the same. It is discernible from the said documents that the injuries based on which offence under Section 307 incorporated were sustained to CW1 and CW2. It is discernible from the records that the said injuries are not very serious in nature. Moreover, the incident, which is the subject matter of the dispute, had occurred as part of certain factional disputes in a Church, and the said dispute has been going on for the last several decades. Several litigations are pending between the factions. It is also discernible from the records that in connection with the very same incident, there was a counter case registered against the party respondents as Crime No.349 of 2019 for the offences under Sections 326 and other offences. It is reported that now based on the settlement in the said case, the persons belonging to the faction of the petitioners who were the victims of the said incident have given statements in favour of the accused persons

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Crl.M.C.Nos.6803/22 & 1434/20 9

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therein before the trial court. Thus, the criminal cases registered against both parties are being settled based on a mutual agreement. Therefore, it is evident that the settlement of these disputes is absolutely necessary for maintaining peace and harmony among the two factions of the Church and hence it is absolutely necessary in the interest of justice, that the proceedings against them be quashed, to ensure the ultimate object of such settlement. Moreover, as I observed above, on carefully scrutinizing the allegations in the final report and the allegations placed on record, it is highly doubtful whether Section 307 would get attracted as the same indicates only lesser offences. Thus, after carefully going through the entire materials and considering the settlement between the parties, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr. P.C and to terminate the proceedings against the petitioners prematurely for preserving peace and harmony among the parties, who belong to the same Church. Accordingly, these Crl.M.Cs are allowed and the final report

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Crl.M.C.Nos.6803/22 & 1434/20

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submitted in Crime No.348 of 2019 of Puthancruz Police Station and all further proceedings, including the proceedings in S.C.No.368 of 2021, pending before the Addl.Sessions Court, Muvattupuzha, are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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DG/22.10.22

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Crl.M.C.Nos.6803/22 & 1434/20

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APPENDIX OF CRL.MC 1434/2020

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PETITIONER ANNEXURES

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Annexure XIX TRUE COPY OF AFFIDAVIT FILED BY THE 2ND RESPONDENT

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Annexure XX TRUE COPY OF AFFIDAVIT FILED BY THE 3RD RESPONDENT

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Annexure XXI ORIGINAL OF AFFIDAVIT DATED 13/10/2022 FILED BY THE VARGHESE JOHNY Annexure XXII ORIGINAL OF AFFIDAVIT DATED 13/10/2022 FILED BY THE ELDHO PATHROSE Annexure XXIII ORIGINAL OF AFFIDAVIT DATED 13/10/2022 FILED BY THE JERIN MATHEW ANNEXURE VI A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY SAMARITAL HOSPITAL, PAZHANGANAD TO THE PETITIONER DATED 21/08/2018. ANNEXURE VII A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY SAMARITAL HOSPITAL, PAZHANGANAD TO THE PETITIONER DATED 06/04/2019. ANNEXURE VIII A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY ASTER MEDICITY, ERNAKULAM TO THE PETITIONER DATED 18/05/2019. ANNEXURE IX A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY ASTER MEDICITY, ERNAKULAM TO THE PETITIONER DATED 19/08/2019. ANNEXURE X A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY SAMARITAL HOSPITAL, PAZHANGANAD TO THE PETITIONER DATED

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Crl.M.C.Nos.6803/22 & 1434/20

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06/12/2019.

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ANNEXURE XI A TRUE COPY OF THE ORDER IN IA NO.1230/2018 IN OS NO.24/2013 ON THE FILE OF DISTRICT COURT, ERNAKULAM DATED 04/01/2019. ANNEXURE XII A TRUE COPY OF THE ORDER IN IA NO.426/2019 IN OS NO.24/2013 ON THE FILE OF DISTRICT COURT, ERNAKULAM DATED 17/08/2019. ANNEXURE I A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE SAMARITAL HOSPITAL TO THE PETITIONER DATED 02/01/2017. ANNEXURE XIV A TRUE COPY OF THE FIR IN CRIME NO.349/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PUTHENCRUZ POLICE STATION DATED 20/04/2019. ANNEXURE XV A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE VICAR FR. VARGHESE FROM THE MEDICAL COLLEGE HOSPITAL, KOLENCHERY DATED 22/04/2019. ANNEXURE XVI A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO REGI FROM THE MEDICAL COLLEGE HOSPITAL DATED 22/04/2019. ANNEXURE XVII A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO SRI. BINEESH FROM THE MEDICAL COLLEGE HOSPITAL DATED 19/04/2019. ANNEXURE XVIII A TRUE COPY OF THE FINAL REPORT IN CRIME NO.348/2019 ON THE FILE OF PUTHENCRUZ POLICE STATION DATED 30/07/2019.

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Crl.M.C.Nos.6803/22 & 1434/20

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ANNEXURE XIX	A TRUE COPY OF THE STATEMENT OF DR. NALANDA DEV BEFORE THE PUTHENCRUZ POLICE ON 20/04/2019.
ANNEXURE XIII	A TRUE COPY OF THE JUDGMENT IN OS NO.24/2013 ON THE FILE OF DISTRICT COURT, ERNAKULAM DATED 21/12/2019.
ANNEXURE II	A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY ASTER MEDICITY TO THE PETITIONER DATED 15/02/2017.
ANNEXURE III	A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY ASTER MEDICITY,ERNAKULAM TO THE PETITIONER DATED 22/06/2017.
ANNEXURE IV	A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY ASTER MEDICITY, ERNAKULAM TO THE PETITIONER DATED 09/02/2018.
ANNEXURE V	A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY ASTER MEDICITY, ERNAMULAM TO THE PETITIONER DATED 29/06/2018.

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Crl.M.C.Nos.6803/22 & 1434/20

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APPENDIX OF CRL.MC 6803/2022

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PETITIONER ANNEXURES

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Annexure I A TRUE COPY OF THE CHARGE IN CRIME NO. 348/2019 OF PUTHENCRZU POLICE STATION DATED 30.7.2019 Annexure II THE ORIGINAL OF THE AFFIDAVIT OF THE 2 ND RESPONDENT Annexure III THE ORIGINAL OF THE AFFIDAVIT OF THE 3 RD RESPONDENT

Sigin Thomas, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sigin Thomas, v. 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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