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1994 Supreme(SC) 915

M.M.PUNCHHI, K.JAYACHANDRA REDDY
Director Of Inspection And Audit – Appellant
Versus
C. L. Subramaniam – Respondent


Advocates:
Gowri Sankaramurty, N.SUDHAKARAN, SUSHMA SURI

JUDGMENT

K. JAYACHANDRA REDDY, J. :—These two appeals arise out of the same order of the High Court of Kerala dismissing two Cr. M. Ps. filed by the Customers Officers under S. 482, Cr. P. C. The respondent herein Shri C. L. Subramaniam, who was a subordinate to the appellants, was common respondent in both those Cr. M. Ps. before the High Court. He filed two writ petitions under Art. 226 of the Constitution of India against the appellants in connection with his promotion and transfer. The appellants herein who figured as respondents in those writ petitions filed counter-affidavit making certain averments. Shri C. L. Subramaniam, the respondent herein filed two complaints under S. 200, Cr. P. C. before the Chief Judical Magistrate, Ernakulam for offence punishable under Ss. 500 read with 34, I.P.C. alleging that in the said counter-affidavit, the appellants have made defamatory statements. The Chief Judicial Magistrate took cognizance of the offence complained of and issued process and summoned the appellants to face the trial. The appellants filed two Cr. M. Ps. under Section 482, Cr.P.C. in the High Court for quashing the complaints on the ground that the Chief Judicial Magistrat














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