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2021 Supreme(Ker) 757

ASHOK MENON
Sujith Kumar. P – Appellant
Versus
State Of Kerala Represented By The Station House Officer, Palarivattom Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.Rajeev, K.K.Dheerendrakrishnan, V.Vinay D.Feroze, Advs.
For the Respondent: Sri.Saiby Jose Kidangoor, Sri. Benny Antony Parel, Smt. S. Sibha, Sri. P.M.Mohammed Salih, Kum. Parvathy Vijayan, Smt. Aswathy Nair, Advs., Sri. E.C. Bineesh, Public Prosecutor

ORDER :

Aggrieved by the order of the learned Judicial First Class Magistrate's Court-IX, Ernakulam, under Section 203 Cr.P.C, dismissing CMP No.1649/2016, a protest complaint filed by the revision petitioner, consequent to the referral report filed by the Palarivattom Police in Crime No. 980/2014, stating that as false, he has come up on revision before this Court.

2. The revision petitioner had originally filed CMP No. 2866/2014 before the Judicial First Class Magistrate's Court-I, Ernakulam alleging an offence under Section 420 of the Indian Penal Code against the accused who is the 2nd respondent herein. That complaint was forwarded to the SHO, Palarivattom Police Station for investigation under Section 156 (3) Cr.P.C and in consequence, the aforesaid crime No.980/2014 was registered and investigated upon and found to be false. That final report was accepted by the Magistrate. Aggrieved by that, the complainant approached this Court by filing Crl.R.P No.593/2017 and the same was allowed by this Court vide order dated 07/11/2017 and directed the learned Magistrate to consider the protest complaint filed by the complainant as CMP No.1649/2016. The Magistrate thereafter conducted an

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