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1980 Supreme(Ker) 140

T.CHANDRASEKHARA MENON
PEETHAMBARAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioners in this criminal miscellaneous petition are counter-petitioners f and 4 in M. C. No. 7 of 1980 pending before the Sub Divisional Magistrate, Moovattupuzha. The learned Magistrate had initiated proceedings is M. C. No. 7 of 1980 under S.107 of the Code of Criminal Procedure, 1973, on a report submitted to him by the Sub Inspector of Police, Kunnathunad duly countersigned by the Deputy Superintendent of Police, Alwaye, against these petitioners and 25 others. The police report alleges that there is a likelihood of breach of peace at the instance of these petitioners and other counter-petitioners in M. C. No. 7 of 1980. In the impugned order the grounds stated are:

"The counter-petitioners are residing in North Mazhuvannoore Kara, Mazhuvannoore Village and Kunnathunad Taluk within the local limits of the jurisdiction of this Court and they are the R. S.S. Workers and followers. A case is pending against them in Crime No. 60/80 of Kunnathunad Police Station. The counter-petitioners, are on enemical terms with Sri Narayana Kaimal, the former legal heir of the Blanthevar Temple and his relatives and friends and they are threatening them. The witness No. 4 Sr
















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