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Judgment
P.Somarajan, J
It is a matter of lifting of attachment under Section 85 Cr.P.C. The earlier application submitted by the complainant to that effect was dismissed by the
trial court without noticing the legal position settled by this Court in Abhila v. State of Kerala [2020 (5) KHC 606 = 2020 (6) KLT 118]. The two year
period mentioned has to be construed based on the decision settled by this Court in the above case. This is a case wherein the accused was acquitted
under Section 257 Cr.P.C. The learned Magistrate also reported in answer to the query that except the entry in the register, no records are preserved
as the same was destructed as per Record Destruction Rules based on the order dated 27.10.2014. Hence there will be a direction to the concerned
Magistrate to take up the issue permitting the petitioner to file a fresh one and to dispose the application in tune with the legal position settled by this
Court.
Parties shall appear before the trial court on 10.08.2021. The O.P.(Crl.) is disposed of accordingly.
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