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2000 Supreme(Ker) 415

K.T.THOMAS, R.P.SETHI
Unnikrishnan – Appellant
Versus
Alikutty – Respondent


Judgment :-

1. Leave granted.

2. Two cops who are caught in the dock of a criminal court want to pre-empt the trial on the ground of limitation. But the trial court and the High Court did not accede to their plea. Hence they are now before the Supreme Court challenging the order of the High Court. How they got themselves enmeshed in the cobweb of the criminal proceeding, can be narrated in brief:

First appellant was the Sub-inspector of Police and second appellant was a Police Constable attached to Perambra Police Station situated in a moffusil centre within the Calicut district (Kerala). First respondent, a middle aged shopkeeper of Perambra, was living with his wife and three children within the limits of the said Police Station. On 1.9.1995 the first respondent (hereinafter referred to as the 'complainant') filed a complaint against the two appellants before the Judicial Magistrate of First Class, Perambra, complaining that the appellants have committed offences under S.325, 342, 330 and 506(1) IPC. The First Class Magistrate after examining the complaint on oath and after taking cognizance of the said offences, issued process to the appellants. They entered appearance in the Magi































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