S.M. SHEREEF Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.Rev.Pet. No.1237/2023 has been filed under Ss. 397 and 401 of the Code of Criminal Procedure Code, 1973, by accused Nos.1 and 5 in C.C. No.40 of 2014 on the files of the Court of the Enquiry Commissioner and Special Judge, Kottayam, challenging the common order dtd. 13/10/2023 in Crl.M.P. No.145/2021 along with Crl.M.P. No.2414/2017, whereby the discharge plea at the instance of accused Nos.1 and 5 (earlier they were referred as accused Nos.1 and 4 and in the impugned order also their status is as that of accused Nos.1 and 4) was negatived by the Special Court.

(2.) Crl.Rev.Pet. No.1329/2023 is at the instance of accused Nos.4, 6, 7 and 8 in the above case (earlier they were arrayed as accused Nos.3, 5, 6 and 7 and and in the impugned order also their status is as that of accused Nos.3, 5, 6 and 7), being aggrieved by the dismissal of their discharge petition viz. Crl.M.P. Nos.2414/2017 along with Crl.M.P. No.145/2021, as per the common order dtd. 13/10/2023 in the above case.

(3.) Heard the respective counsel for the revision petitioners as well as the learned Public Prosecutor, in detail. Perused the order impugned, relevant records as well as the decisions placed by both sides.