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2007 Supreme(Ker) 430

V.RAMKUMAR
Samuel Mathai – Appellant
Versus
State of Kerala – Respondent


Judgment :-

The revision petitioners, who are accused Nos.1 to 3 in C.C.No.27/03 on the file of the JFCM-II, Chengannur arising from a private complaint alleging the commission of offences punishable under sections 447, 294(a), 341, 323, 324, 326, 354, 392 and 394 read with section 34 IPC, challenge the order dated 1.3.07 passed by the said Magistrate framing charge against the accused for the aforementioned offences.

2. According to the revision petitioners with regard to the same occurrence, the second respondent complainant had lodged a complaint before Venmani police who had registered Crime No.11/01 and after investigation, had submitted a final report alleging the commission of offences punishable under sections 447, 324, 323, 427 and 354 read with section 34 IPC and the aforesaid Magistrate had taken cognizance of the offences in the police report and had registered the case as CC.No.126/2001. The revision petitioners would contend that the accused and the allegations in both the private complaint as well as the police charge case are the same except for the additional offences under sections 379 and 326 IPC in the private complaint and there is absolutely no material in supp


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