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1989 Supreme(Ker) 237

SREEDHARAN
Raveendran – Appellant
Versus
Prakasan – Respondent


Judgment :-

1. An interesting question arises for consideration in this petition. For understanding the same, short facts are to be narrated. Petitioner filed a private complaint against two persons, arraying them as accused. First person was described in the complaint as the person who published bit notice printed in Akshara Printers, Kara, Kodungallur Taluk. The printer of Akshara Printers, 2nd respondent herein was described as second accused in the complaint. Offence alleged against them was u/s.500 read with S.34 IPC. That complaint was filed on 13-1-1987. Along with the complaint he filed Criminal M.P.109/87 praying for issue of summons to 2nd respondent herein for production of manuscript of the publication. Second respondent in pursuance to the notice issued by the court produced the manuscript before court. Sworn statement of the complainant was recorded on 16-5-1987. After considering the complaint and sworn statement when the court thought it proper to proceed against the accused for offences u/s.500 IPC read with S.34 IPC, summons were issued to the accused. When the case came up for trial, the complainant while giving evidence as P W.1 wanted to mark the manuscript pro









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