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2020 Supreme(Ker) 948

ALEXANDER THOMAS
Don Paul S/o Paul Paul – Appellant
Versus
State of Kerala Rep. by the Public Prosecutor, High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. G. Krishnakumar, Smt. M.L. Remya.
For the Respondents: Sri. Abraham P. George, Sri. C.A. Anas, Sri. B. Jayasurya, Smt. M. Santhy.

ORDER :

1. The prayers in the above Criminal Miscellaneous Case filed under Section 482 of the Cr.P.C. are as follows:

    “(i) Quash Anx. IX order dated 10-12-2018 in Crl. M.P. No. 14115/2018 in C.C. No. 250/2016 on the files of the JFCM Court-I, Vaikom.

(ii) Issue a direction to the JFCM Court-I, Vaikom to dispose of the C.C. No. 250/2016 within a time frame to be fixed by this Honourable Court.

(iii) Pass such other appropriate order as deem just and fit to this Honourable court in the interest of justice.

(iv) Allow this Crl. M.C. with costs.”

2. Heard Sri. G. Krishna Kumar, learned counsel appearing for the petitioners (A1 and A2), Sri. B. Jayasurya, learned Public Prosecutor appearing for R1 State of Kerala and Smt. M. Santhy, learned counsel appearing for contesting respondent No. 2 (lady defacto complainant).

3. The petitioners herein have been arrayed as accused Nos. 1 and 2 in Anx. I, FIR in crime No. 54/2015 of Kadathuruthy Police Station, Kottayam District, for offences punishable under Sections 498A and 34 of the IPC, on the basis of the First Information Statement given by the 2nd respondent lady victim on 15-01-2015 at about 6.45 p.m. in respect of the alleged incidents, which

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