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STATE, REPRESENTED BY THE PUBLIC versus UDAYAN, S/O. SIVADASAN

High Court of Kerala

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STATE, REPRESENTED BY THE PUBLIC v. UDAYAN, S/O. SIVADASAN - Crl Rev Pet No. 1748 of 2007 [2007] RD-KL 8680 (25 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1748 of 2007()

1. STATE, REPRESENTED BY THE PUBLIC
... Petitioner

Vs

1. UDAYAN, S/O. SIVADASAN,
... Respondent

2. SURAJ, S/O. SOMARAJAN,

3. DILEEPKUMAR, S/O. BALAKRISHNAN,

4. SATHYAN, S/O. NARAYANAN, SATHYALAYAM,

5. VELUTHAKUNJU, S/O. CHANDRAN,

6. BHASKARAN PILLAI, S/O.PADMANABHAN PILLAI

7. SUKUMARAN, S/O. NANU,

8. PRAKASHAN, S/O. KARTHIKEYAN, VENGUU

For Petitioner :PUBLIC PROSECUTOR

For Respondent : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :25/05/2007

O R D E R

K.R. UDAYABHANU, J


=================================
CRL. R.P. NO. 1748 OF 2007
=================================

Dated this the 25th day of May 2007

O R D E R

The state has filed this revision aggrieved by the order of the court below dismissing the application for withdrawal. It is seen from the order of the court below that the offence for which the accused are charged are for the offences under Sections 143, 147,148, 341, 506 (2), 326, 323, 427 r/w Section 149 IPC. It is also seen from the order of the court below that the trial is at the fag end and that the investigating officer is not examined so far. Evidently, the injury sustained is a serious one, i.e., fracture on the right leg of the defacto complainant. The court has also observed that considering the nature of the incident, the withdrawal sought cannot be treated as a step in the interest of justice. Considering the nature of the crime involved and the stage of trial, I find that the order of the court below cannot be found fault with. I find that there is no infirmities in the order of the court below and the revision petition filed is dismissed in limine.

K.R. UDAYABHANU, JUDGE.

rv


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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