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2019 Supreme(Ker) 540

ALEXANDER THOMAS
Ismail M. – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri.Vinay Ramdas, Smt.K.B.Anamika, Advs.
For the Respondent: Sri.K.V.Anil Kumar, Sri.M.R.Sudheendran, Smt.Asha P.Nair, Advs., Sri.Saigi Jacob Palatty, Public Prosecutor

ORDER :

The prayers in the aforecaptioned Criminal Revision Petitioner Case filed under Secs. 397 and 401 of the Code of Criminal Procedure, 1973, are as follows:

“i). Set aside the order in C.M.P.No.1198/2018 dated 10/01/2019 on the files of the 1st Additional Sessions Judge, Kollam, (sic) allow the same;

(ii). Grant such other relief deemed fit and proper by this Honourable Court.”

2. Heard Sri.Vinay Ramdas, learned counsel appearing for the petitioner (complainant), Sri.Saigi Jacob Palatty, learned Prosecutor appearing for R-1 State, Sri.K.V.Anil Kumar, learned counsel appearing for R-2 and Sri.M.R.Sudheendran, learned counsel appearing for R-3. Though notice process on R-4 has been duly completed, there is no appearance for that party.

3. The gist of the allegations in Anx. A-1 complaint is as follows:

The petitioner and the 2nd respondent are husband and wife and a minor female child aged 3 ½ is born out of the wedlock. The 3rd respondent is an old friend and batch mate of the 2nd respondent, who is also married. The 4th respondent is the mother of the 2nd respondent. 2nd and 3rd respondents are in an illicit relationship and the trails of the same can be seen in Facebook, etc. The

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