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1985 Supreme(Ker) 83

S.PADMANABHAN
Santhosh – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

The Sub-Inspector of Police, Narakkal in his official capacity filed two complaints before the Judicial First Class Magistrate, Parur against six persons each for an offence punishable under Section 290 of the Indian Penal Code. They were petty cases Nos. 23 and 24 of 1983. The Magistrate took them to file as S.T. Nos. 125 and 126 of 1983. The present petitioners are invoking the inherent powers of this Court under S. 482 of the Criminal P.C. for quashing the proceedings in the above two cases. Crl.M.C. 190 of 1983 relates to S.T. 125 of 1983 and Crl.M.C. 188/1983 relates to S.T. 126 of 1983.

2. In both the cases the allegations revealed from the complaint as summarised in the petitions are that on the evening of 14-1-1983 the respective accused persons played cards and made noise sitting on the public road at Pazhangad Bazar, Edayanakkad and thereby caused annoyance to the public. Accused 1 and 3 to 6 in S.T. 125 of 1983 are the petitioners in Crl.M.C. 190 of 1983 and accused 3 to 6 in S.T. 126 of 1983 are the petitioners in Cri.M.C. 188 of 1983.

3. I shall consider the various grounds on which the proceedings are sought to be quashed. The Magistrate issued summons und

















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