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2015 Supreme(Ker) 752

ALEXANDER THOMAS
ELIZABETH @ ALEYAMMA – Appellant
Versus
SUB INSPECTOR OF POLICE, VAKATHANAM, KOTTAYAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI. M.J. THOMAS.
For the Respondent: PUBLIC PROSECUTOR SRI. N. SURESH, SRI. ANIL SIVARAMAN, SMT. RAJI VINCENT.

ORDER

The prayers in this Crl.M.C. are as follows:

"....... to call for the records relating to Annexure 1 charge sheet in C.C.No. 155/2012 of the Judicial First Class Magistrate Court, Changanacherry and to quash the same as against the petitioners or to pass such other order which this Hon'ble Court deems fit and necessary in the interest of justice."

2. The petitioners herein are arrayed as accused Nos.2 and 3 in Calendar Case, C.C.No.155/2012 on the file of the Judicial First Class Magistrate's Court, Changanacherry. Accused No.1 is the father of the petitioners. Interestingly, the 1st petitioner is the sister of the 2nd petitioner. It is stated that the 1st petitioner (A-2) has completed her course in Chartered Accountancy and that she intends to travel abroad to join her husband. More interestingly, the defacto complainant is the brother of the father of the petitioners. The impugned final report/charge sheet, which led to the institution of C.C.No.155/2012 was filed on the basis of Crime No.47/2012 of Vakathanam Police Station, registered at the instance of the defacto complainant for offences under Secs.447, 341, 506(ii), 294(b), 188 read with Sec.34 of the I.P.C. The first al












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