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1980 Supreme(Ker) 117

S.K.KADER
FELIX – Appellant
Versus
STATE – Respondent


Judgment :-

1. This revision is filed by a de facto complainant in a case instituted on a police report. The revision petitioner is a priest attached to St. Jacob Church, Mayyanadu and he lodged a complaint at the Paravoor Police Station alleging that respondents 2 to 4 herein, accused Nos.1 to 3, trespassed into the church, destroyed a jug containing holy water and also caused damage to the mike which was being used by pw. 2 for reading Bible. The incident was said to have taken place at 11.30 p. m. on 9-4-1977. The complaint was lodged with the police only on 12-4-1977. On the basis of a charge-sheet filed by the police under S.447 and 427 read with S.34 I.P.C. the accused persons were put on trial before the Judicial Magistrate of Second Class, Quilon, who after taking cognizance of the offences, issued processes to the accused persons. The first accused appeared in pursuance of the process served on him; but the processes issued to the other accused were returned unserved as their whereabouts were not known. Therefore the case was proceeded against the first accused alone and on the conclusion of the trial, finding that there was no satisfactory and reliable evidence in support



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