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1966 Supreme(Ker) 17

P.GOVINDA MENON
PARAMESWARA KURUP – Appellant
Versus
KRISHNA PILLAI – Respondent


Judgment :-

1. This is a petition under S.561 A, Cr. P. C. to quash the charge framed by the First Class Magistrate, Trivandrum against the petitioner under S.500 read with S.34,1. P. C. The petitioner, Sri M. K. Parameswara Kurup, is a practising advocate of the Trivandrum Bar. He is the fifth accused in Calendar Case 697 of 1964. The complaint was that in the counter statement Ex. P-10 filed by the first accused in some proceedings in the Sub Court, Trivandrum certain allegations were made against the complainant which were false and per se defamatory, that similar defamatory imputations were made in the counter Ex. P-11 filed by accused 2 to 4 in the same matter and in both, the petitioner being their lawyer had attested the counter statements before they were actually put into court. During the pendency of the case accused 1 to 4 compounded the offence with the respondent and on the compromise petition being put in court, they were ordered to be acquitted. The complainant, however, wanted to proceed with the complaint against the petitioner and examined witnesses and the learned Magistrate on finding that a prima facie case had been made out has framed a charge against the peti








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