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V.K.MOHANAN
Ilangeswaran – Appellant
Versus
State of Kerala – Respondent


Counsel for the Parties:
For the Petitioner:Mr. S.V. Rajan, Mr. S. Sudhish, Smt. M. Manju, Mr. R. Santhosh (Varkala), Advocates.
For the Respondents:Mr. Bindu Gopinath, Advocate.

ORDER

V.K. Mohanan, J.—The petitioner, who is the first accused in Crime No.664 of 2014 of Sulthan Bathery Police Station, has preferred the above Cri.M.C. under Section 482 of the Cr.P.C. A recital of the prayers in the above Cri.M.C. is absolutely necessary to indicate its legal bearing and implication and accordingly, the same are as follows:-

(i) to declare that the order passed by the Judicial First Class Magistrate Court-I, Sulthan Bathery in Annexure A private complaint (CMP 4641/2014) for investigation under Section 156 (3) of the Cr.P.C., without complying the procedure under Section 202 of Cr.P.C. is null and void;

(ii) to issue any appropriate, order or direction to respondent No.1 for remitting Annexure A private complaint to the Judicial First Class Magistrate Court-I, Sulthan Bathery for the compliance of procedure of examination of complainant and his witnesses as per Section 202 of the Cr.P.C.

(iii) to quash the First Investigation Report in Crime No.664/2014of Sulthan Bathery Police Station, Wayanad District.

(iv) to issue an appropriate order or direction to the Judicial First Class Magistrate Court-I, Sulthan Bathery to pass fresh orders upon Annexure A com

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