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2012 Supreme(Ker) 680

S.S.SATHEESACHANDRAN
Raju Thomas @ John Thomas – Appellant
Versus
State of Kerala, represented by Public Prosecutor – Respondent


Advocates appeared:
For the Petitioner:Vellayani Sundara Raju, Advocate.
For the Respondent: Smt. R. Rema, Public Prosecutor.

JUDGMENT :

1. Petitioner is the accused in a pending case on the file of the Judicial Magistrate of the First Class, Kunnamangalam. He is being prosecuted for offences punishable under Section 153 and 427 of the Indian Penal Code (for short “the IPC”), on a report filed by the Sub Inspector of Police, Medical College Police Station, Kozhikode. Gist of the accusation is that he had destroyed a notice board put up by some social activists at a public place with intend to commit disruption of public peace, and, by his acts he caused loss of Rs.500/- to the de facto complainant. Annexure A2 is a copy of the final report laid before the magistrate. Cognizance of the offences in the report taken against the accused, the case now awaits further steps for trial. Petitioner has filed the above petition to quash the criminal proceedings against him invoking under Section 482 of the Code of Criminal Procedure (for short “the Code”).

2. I heard the learned counsel for the petitioner and also the learned Public Prosecutor.

3. The materials placed by the prosecuting agency do not disclose of any of the essential ingredients constituting the offences, to proceed against the petitioner, and as suc






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