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1977 Supreme(Ker) 87

P.JANAKI AMMA
Kochu Mohammed – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

Accused 1 to 3 in a case initiated on a private complaint by the Judicial Second Class Magistrate, Cochin and pending trial before the Assistant Session Judge, Cochin are the petitioners.

2. The complaint was filed at 5-15 p.m. on 19-4-1976 with a schedule of witnesses. The complainant was directed to appear and to produce the witnesses in the schedule also at 11 a.m. on 20-4-1976. On 20-4-1976 the sworn statement of the complainant was taken. No witnesses were present. The court registered the case as P.E. 7 of 1976, directed summons to be issued to all the accused and posted the case to 11-5-1976. On the application of the accused the case was adjourned to 25-5-1976. On that day copies of the documents were furnished to the accused. The case was adjourned for hearing and further steps to 28-5-1976. On that day counsel for the complainant and the accused were heard. Since the offences taken cognizance of were exclusively triable by the Court of Session, the Magistrate committed the case to the Court of Session. The Assistant Sessions Judge, Cochin framed charges under S. 450 read with S. 34 of the I.P.C. and S. 364 read with Ss. 511 and 34 of the I.P.C. The present pet



















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