1. Petitioner, an accused in a pending case before the Judicial First Class Magistrate Court-II, Kollam, has filed the above petition under Section 482 of the Code of Criminal procedure, for short, the ‘Code’. Criminal proceedings against him on Annexure I complaint filed by 1st respondent are an abuse of process of the court and it is liable to be quashed invoking the inherent powers of this Court, is his case.

2. Petitioner/accused contested as a candidate in the General Election held to the Kerala Legislative Assembly in 2011. He then suppressed true facts about his educational qualifications, knowing fully well what was stated is false, according to complainant. Petitioner had furnished incorrect and false statements regarding his educational qualifications in the affidavit sworn to and produced with his nomination paper, is the case of complainant to prosecute him for offences punishable under Section 125-A of the Representation of the People Act, 1951, for short, the ‘Act’, and Sections 171G, 193, 198 and 199 of the Indian Penal Code, for short, the ‘IPC’.

3. In the enquiry over the complaint, complainant and three witnesses produced by him were examined as CW1 to CW4, a