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2019 Supreme(Ker) 352

ANNIE JOHN
JAMES JOSE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.BECHU KURIAN THOMAS, SMT.SUZANNE KURIAN, SRI.ENOCH DAVID SIMON JOEL, SRI.GEORGE A.CHERIAN, SRI.LEO LUKOSE, SRI.PAUL JACOB (P), SRI.RONY JOSE
For the Respondent: SMT. KK SHEEBA, adv

ORDER :

The petitioner challenges Annexure A2, final report filed against him alleging offences punishable under Sections 294(b) and 506(1) of the Indian Penal Code and Section 120(o) of the Kerala Police Act.

2. The case of the petitioner is as follows:

The de facto complainant, who was an employee in the company run by the petitioner, could not perform well in the company and therefore, is having no other option than terminating him from service after complying with all the legal requirements. However, it led to an animosity towards the petitioner. He started filing fictitious complaints against the petitioner and the petitioner's company. As a result of the animosity, an FIR was lodged against the petitioner by the de facto complainant on 04.10.2017 alleging that the petitioner called the de facto complainant over the mobile phone on 30.09.2017 and verbally abused him and also intimidated and threatened him. Accordingly, Annexure A1 FIR in Crime was registered under Sections 294(b) and 506(i) of IPC and Section 120(o) of the Kerala Police Act. On the strength of Annexure A1, the Police filed a final report before the Judicial First Class Magistrate Court-II, Ernakulam.

3. Section 29










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