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2021 Supreme(Ker) 484

ASHOK MENON
Lakshmy Dinesh – Appellant
Versus
Diraviam Dinesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.P.Vijaya Bhanu (Sr.), Sri.Ajeesh K.Sasi, Sri.C.Jayakiran, Smt.Mitha Sudhindran, Smt.Pooja Pankaj, Sri.P.M.Rafiq, Sri.M.Revikrishnan, Sri.V.C.Sarath, Sri.Vipin Narayan, Advs.
For the Respondent: Diraviam Dinesh (Party-In-Person), Adv., Smt.M.K.Pushpalatha, PP

ORDER :

This is an application filed by accused 1 and 2 in CC No.63/2014 on the files of the Court of the Chief Judicial Magistrate, Palakkad for quashing the proceedings in the aforesaid case under Section 482 of the Cr.P.C.

2. The petitioners are daughter and father, who are accused of having committed offences punishable under Sections 417, 419 and 420 of the Indian Penal Code. The 1st respondent, who is the de facto complainant, had filed Annexure A private complaint, before the Magistrate and the same was forwarded to the Station House Officer, Town South Police Station, Palakkad, resulting in registration of Crime No.1881/2013, and after investigation Annexure B final report was filed for an offence punishable under Section 417 of the I.P.C. The learned Magistrate, however, took cognizance for offences under Sections 417, 419 and 420 I.P.C and took the matter on file as CC No.63/2014 and issued summons to the petitioners.

3. The prosecution case, in brief, as stated in the final report (Annexure B) is that on 01/07/2012, the accused had without the knowledge and consent of the de facto complainant obtained Annexure-C birth certificate of the 2nd child born to the 1st petitioner

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