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1981 Supreme(Ker) 293

P.JANAKI AMMA
Madhavan Nambiar – Appellant
Versus
Govindan – Respondent


Judgment :-

On 7-2-1981 the first respondent filed a complaint before the judicial Magistrate of First Class, Theliparamba alleging that the five petitioners formed themselves into an unlawful assembly and committed criminal trespass, theft and other offences. The Magistrate, on receipt of the complaint, passed the following order : "Forwarded to the S.I. of Police, Irikur, for investigation and for report under S. 156(3) Cr.P.C. Call on 23-2-1981". Crime No. 8 of 1981 was registered on the basis of the complaint. The Police, after investigation, referred the case as false. A report to that effect was presented before court on 13-4-1981. The Magistrate, on receipt of the report, posted the case for taking the sworn statement of the complainant. The sworn statement was recorded on 7-5-1981 and the case was being proceeded with as per the Procedure in Chap, XV of Criminal P.C. (hereinafter referred to as the Code). The present petition filed under S. 482 of the Code is for quashing the proceedings initiated by the Magistrate after receipt of the refer report. The stand taken by the petitioners is that once the court sent the case for investigation to the police under S. 153(3) of the















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