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2007 Supreme(Ker) 612

K.T.SANKARAN
Preethimon – Appellant
Versus
State Of Kerala Represented By The Sub Inspector Of Police, Erumely – Respondent


Judgment :-

The petitioners are the accused persons in C.C.No.555 of 2002, on the file of the Court of the Judicial Magistrate of the first class II, Kanjirapally. The offences alleged against them are under Sections 448, 294(b) and 506(1) read with Section 34 of the Indian Penal Code. On appearance before the court below, they filed an application under Section 258 of the Code of Criminal Procedure, which was dismissed by the trial court and the order of the trial court was confirmed in Crl.R.P.No.18 of 2003, on the file of the Court of Session, Kottayam. The prayer in the Crl.M.C is to quash Annexure-B order in Crl.R.P.No.18 of 2003 as well as to quash all the proceedings in C.C.No.555 of 2002, on the file of the Court of the Judicial Magistrate of the first class II, Kanjirapally.

2. It is submitted by the counsel for the petitioner that even if all the allegations contained in Annexure-A FIR are taken as true, no offence is made out against the petitioners. Accused No.1 is an advocate while accused No.2 is a member of the panchayat. It is stated in Annexure-A FIR that the accused came to the police station and enquired about the petition submitted by Soosan, the wife of the sec


























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