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2006 Supreme(Ker) 146

K.THANKAPPAN
M. K. Prabhakran – Appellant
Versus
T. E. Gangadharan – Respondent


Judgment :-

The petitioners are the accused in S.T.No.1910 of 2003 on the file of the Judicial First Class Magistrate’s Court, North Paravur. The petitioners seek to quash Annexure C complaint filed against them by the first respondent herein.

2. The first respondent-complainant filed Annexure C complain before the court below stating that the written statement filed by the accused-defendants 1 and 3 in O.S.No.481 of 2000 pending before the Sub Court, Ernakulam contained defamatory statement against him. According to the complainant, the suit was filed by his wife for partition and he is not a party to the suit. The plaintiff and defendants are close relation. In paragraph 12 of the written statement, it is stated that the father of the first accused who is the brother of the plaintiff in the suit placing utmost faith in the plaintiff and her husband, the first respondent herein, who is a practicing lawyer at the Paravur Bar, affixed his signature wherever he was asked to sign by the first respondent and that the first respondent misusing the trust reposed on him created materials to appropriate the plain schedule properties. Alleging that the petitioners made imputation against the





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