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2021 Supreme(Ker) 1089

M.R.ANITHA
Binu K. Sam – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Kaleeswaram Raj, Adv.
For the Respondents: Sunil Jacob Jose, Adv.

ORDER :

M.R. Anitha, J.

1. The petitioner/accused in C.C. No. 85/2015 on the files of the Judicial First Class Magistrate Court, Ranny approaches this Court seeking for quashing the proceedings.

2. C.C. No. 85/2015 has been charge sheeted by the Sub Inspector of Police, Ranny against the petitioner/accused (in short, the petitioner) under Sections 469, 471 IPC and Section 118(d) of the Kerala Police Act. The case was initiated upon a private complaint filed by the second respondent-defacto complainant who is a colleague of the petitioner.

3. According to the learned counsel, the continuation of the proceedings against the petitioner would be an abuse of process of law and no offence as alleged is made out against him.

4. Notice was issued to the respondents. Sri. P.K. Babu, learned Public Prosecutor appeared on behalf of the State, Adv. Sri. Sunil Jacob Jose, appear on behalf of the second respondent. Heard both sides. Learned counsel for the petitioner filed argument notes also. Lower court records were called for also.

5. Learned counsel for the petitioner challenges the proceedings on the following grounds:

    (i) No offence u/s. 469 IPC is made out even if the entire allegations against

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