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2016 Supreme(Ker) 198

B.KEMAL PASHA
THOMAS ATHANACIOUS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI. P.MARTIN JOSE, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA
For the Respondents: SMT.SAREENA GEORGE, SRI.SHAHUL HAMEED MOOPPAN, SRI.K.M.VARGHESE

ORDER :

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

2. A private complaint was initially filed as C.M.P. No.894/2008 by one Sunny John, Nirappumyalil veedu, Koothattukulam kara, Koothattukulam village, Muvattupuzha Taluk, Trustee Vadakara St.John's Jacobite Syrian Church, as the complainant. The same was forwarded to the police for investigation under Section 156(3) Cr.P.C. Consequently, Crime No.217/2008 of the Koothattukulam Police Station was registered for the offences punishable under Sections 141, 142, 143, 420, 468 and 471 of the Indian Penal Code. Subsequently, an investigation was conducted and a final report has been filed. The matter is pending as C.C.No.209/2010 before the court below.

3. Thereafter, CW2 in the case filed Annexure-C C.M.P.No.945/2012 before the court below seeking a further investigation under Section 173(8) Cr.P.C. in the matter by arraigning the petitioner herein along with another person as A35 and A34 respectively. In the cause title of Annexure-C, the details of the petitioner therein is shown as Kuriakose K.I., Kulakadumadathil veedu, Koothattukulam kara, Koothattukulam Village, Muvattupuzha Taluk, Trustee Vatakara








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