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2010 Supreme(Ker) 329

V.RAMKUMAR
Bency N. L. – Appellant
Versus
Preceline George @ Dr. Antony Preceline – Respondent


Advocates appeared:
For the Petitioner:P.B. Sahasranaman, Advocate.
For the Respondent: Public Prosecutor.

Judgment :-

"CR"

Petitioner is the wife of the first respondent. Their marriage was solemnized on 7.6.2009. Thereafter the marital partners fell apart. The wife now seeks a direction to the fourth respondent, Sub Inspector of Police, Thrikkakara Police Station to investigate Annexure -A1 complaint registered as Crime No.639/2010 for an offence punishable under Section 498 A read with Sec. 34 IPC and a direction restraining the fifth respondent, Sub Inspector of Police, Mannarcaud from conducting any investigation consequent on the transfer of the F.I.R by the Thrikkakara Police to the Mannarcaud Police.

2. Annexure - A1 complaint filed by the petitioner before the J.F.C.M Court-I, Aluva was forwarded by the Magistrate to the Thrikkakara police under Section 156(3) Cr.P.C. The Thrikkakara police registered a case as crime No.639/2010 for an offence punishable under Section 498 A read with Section 34 IPC. On 9.4.2010 the learned Magistrate received from the Thrikkakara police the F.I.R along with Annexure -A1 complaint. Thereafter on 22.4.2010 the Sub Inspector of police, Thrikkakara submitted a report before the Aluva Magistrate stating that since the occurrence took place within the




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