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2014 Supreme(Ker) 355

P.D.RAJAN
P. K. Jayalakshmi – Appellant
Versus
State of Kerala, represented by The Public Prosecutor – Respondent


Advocate Appeared
For the Petitioner:K. Ramakumar, Senior Advocate, S.M. Prasanth, Smitha George, Asha Babu, Ashwini, Vinod S. Pillai, Advocates.
For the Respondents:R1, Justin Jacob, Public Prosecutor, R2, T.A. Shaji, Senior Advocate, P.K. Varghese, Hrithwik, Advocates.

JUDGMENT

1. The petitioner, who is the sole accused in C.C.No.935/12 of the Judicial First Class Magistrate Court-II, Mananthavady, which was filed for the offence punishable u/s.177, 181, 171-I of the IPC. and also u/s.10A, 125A of the Representation of People Act,1951, preferred this petition to quash Annexure-A complaint by invoking inherent jurisdiction u/s.482 of Cr.P.C. The above complaint was filed by the 2nd respondent against the petitioner in the Judicial First Class Magistrate Court-II, Mananthavady and after examination of the defacto complainant, the learned Magistrate took cognizance of the offence as per Anneuxre-D for offence u/s.125A of the Representation of People Act (hereinafter referred to as the 'Act') and u/s.171-I of IPC. The petitioner has been elected from No.17 Mananthavady (S.T. Reservation Constituency) as a candidate of Indian National Congress in the elections to the Kerala Legislative Assembly held in April-May 2011 and now she is a Minister in the Kerala Government Cabinet. Her nomination paper for contesting the aforesaid elections was approved by the Returning Officer, who is the Revenue Divisional Officer, Mananthavady and no objection was raised





















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