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2013 Supreme(Ker) 234

S.S.SATHEESACHANDRAN
K. B. Ganesh Kumar – Appellant
Versus
P. K. Raju – Respondent


Advocates Appeared:
For the Petitioner:K. Ramakumar, (Sr.) S. Rajeev, K.K. Dheerendrakrishnan, Advocates.
For the Respondents: R1, Renjith Thampan, (Sr.) R2, Asaf Ali, Director General of Prosecution.

Judgment

1. Petitioner is the accused in a complaint filed by 1st respondent. Cognizance taken for the offence under Section 193 of the Indian Penal Code, for short, the 'IPC' on such complaint Magistrate ordered process to him. Petitioner has filed the above petition challenging that order, for quashing the complaint and criminal proceedings against him, as an abuse of process of the court under Section 482 of the Code of Criminal Procedure, for short, the 'Code'.

2. Annexure-I is copy of the complaint. Case of the complainant, in short, is that petitioner has given false particulars over his educational qualification in the affidavits filed by him when he contested the election on three different occasions, in 2001, 2006 and 2011, from Pathanapuram Constituency; in two publications, viz., "12th Kerala Legislative Assembly "WHO's WHO", published by Research Section, Secretariat of the Kerala Legislature in May, 2007 and, "Legislatures of Kerala" published by Secretariat of the Kerala Legislature in the year 2006; and, also, in his website in which his biography is published. Regarding his educational qualifications in the affidavits and publications made, he has given different ver





















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