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1991 (6) TMI 257 - KERALA HIGH COURTExtract: .......que, it cannot be said that the condition in the said proviso is not satisfied. 14. In view of the above, with respect, we are unable to agree with the view taken in Babu Xavier's case 19901 TLNJ (Crl) 121 referred to earlier. 15. The Criminal M. C. is without merit and the same is liable to be dismissed which, accordingly, is hereby dismissed.
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