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2005 Supreme(Ker) 738

K.PADMANABHAN NAIR
Santha – Appellant
Versus
State of Kerala, Rep. By Public Prosecutor – Respondent


Judgment :-

Petitioners are accused Nos.1 and 2 in C.C.No.62 of 2004 on the file of the Special Judicial First Class Magistrate (Marad Cases) Kozhikode. At the relevant point of time, the first accused was working as an Upper Division Clerk and the second accused, her husband, was employed in Kerala Soaps and Oil Mills Limited.

2. The case arose from a private complaint filed by P.W.1 before the Magistrate alleging that the accused committed the offences punishable under Sections 504, 509, 294(a), 506(1) read with Section 34 of the Indian Penal Code. The complaint was forwarded to the Sub Inspector of Chevayur, under Section 156(3) of the Code of Criminal Procedure. He registered the case and investigated the same. After investigation, the final report was filed alleging that the accused committed the offences punishable under Sections 504, 509, 294(a), 506(1) read with Section 34 of the Indian Penal Code. When the revision petitioners appeared before the learned Magistrate, copies of the relevant documents were furnished to them. The substance of accusation was read over and explained to them. They understood the same and pleaded not guilty.

3. On the side of prosecution, P.Ws.1 to





















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