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1987 Supreme(Ker) 48

PADMANABHAN
KURIEN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Crl. MP No. 4089/85 filed by the petitioner before the Judicial Magistrate of the First Class, Adimali on 24-10-1985 alleging commission of offences punishable under S.427 and 447 read with S.34 of the Indian Penal Code by some persons was forwarded by the Magistrate under S.156(3) of the Code of Criminal Procedure for investigation to the second respondent Sub Inspector. Second respondent registered a case and on investigation, he came to the conclusion that the allegations are false. He issued a notice to the petitioner stating that the case is referred as false. Hence the petitioner filed another complaint on the same facts before the same Magistrate and it is being adjourned since the report of investigation was not received. Meanwhile second respondent filed Annexure Al complaint before the same Magistrate against the petitioner alleging commission of an offence punishable under S.181 of the Indian Penal Code in having filed Crl. MP No. 4089/85 before the Magistrate with false allegations. The Magistrate took cognizance of the offence as ST No. 679/85 and issued process to the petitioner. The present petition was filed for quashing the proceedings as an abuse of










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