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2001 Supreme(Ker) 202

A.LEKSHMIKUTTY
Jacob Mathew – Appellant
Versus
Adangam Purath Kallada Gangadharan Nair – Respondent


Judgment :-

This petition is filed to quash the proceedings in C.C. No. 108 of 1999 on the file of the Court of the Chief Judicial Magistrate, Manjeri by the third accused.

The first respondent had preferred a complaint before the Chief Judicial Magistrate, Manjeri against five accused persons including the petitioner herein alleging that the accused persons therein had committed offence punishable under Ss. 500 and 502 of the Indian Penal Code (for short "the I.P.C."). Annexure-A is the said private complaint. The complaint relates to the allegation that accused 1 and 2 therein had preferred complaints before the police alleging that the death of Srijith and his mother who is the sister of the complainant/first respondent and one Balakrishnan were not natural and that the complainant and his brother Balakrishnan were responsible for the death and they caused the third accused, the Executive Editor, Malayala Manorama daily, Kozhikode, 4th accused, Editor, Kerala Kaumudi, Kozhikode and 5th accused, Correspondent, Kerala Kaumudi, Manjeri, to publish the news item containing the details of the petition in the newspapers and thereby all the accused committed the offences. Annexure-B is











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