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1999 Supreme(Ker) 271

G.SASIDHARAN
Mani – Appellant
Versus
Joseph – Respondent


Judgment :-

G. Sasidharan, J.

This is a petition filed under S.48 2 of the Code of Criminal Procedure, here-in-after referred to as 'the Code', by the complainant in C.C. No. 398 of 1993 on the file of the Judicial Magistrate of the First Class, Payyannur. Respondents 1 to 8 were the accused in the above case which was taken on file on the basis of the allegation of the petitioner in the complaint filed by him in the Court regarding the commission of the offences under Ss.141, 142, 143, 144, 147, 148, 149, 342, 347 and 306(ii) of the Indian Penal Code. The learned Magistrate after taking evidence under S.244 of the Code, discharged respondents 1 to 8 under S.245(1). There was a revision filed by the present petitioner in the Court of the Sessions Judge, Thalassery, which was dismissed by the learned Additional Sessions Judge on finding that there was no reason for interference in revision. In this petition, the petitioner prays that the order of discharge made by the learned Magistrate and the order of the learned Additional Sessions Judge in revision may be set aside and the learned Magistrate may be directed to proceed with the complaint in accordance with law.

2. Petitioner would













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