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2022 Supreme(Ker) 8

SOPHY THOMAS
Sivan Chodath, S/O Ramakrishnan – Appellant
Versus
Joshi, S/o. Michle – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G.S.KRISHNAN KARTHA, SRI.LIJIN THAMBAN, SRI.M.RETHEESHKUMAR
For the Respondent: SRI.NANDAGOPAL S.KURUP, SRI.ARAVIND V.MATHEW, adv

ORDER :

The petitioner, who is the sole accused in C.C.No.1003 of 2017 on the file of Judicial First Class Magistrate Court, Thaliparamba, has approached this Court to quash the impugned order taking cognizance and all consequential proceedings thereto initiated against the petitioner, invoking inherent powers of this Court under Section 482 of Cr.P.C.

2. The 1st respondent/de facto complainant filed Annexure-A3 complaint against the petitioner, alleging offences punishable under Sections 166, 352, 294(b), 506(i) and 500 of IPC. According to him, on 25.04.2016 at 4.55. p.m., while he was returning from his agricultural land riding his motorcycle bearing registration No.KL-59-A/8658 through Chandanakkampara- Padankavala road, the petitioner, who was Sub Inspector of Police, Payyavoor Police Station, asked him to stop the vehicle and since he could stop the vehicle only at a distance, as it was in a steep and curvy road, the petitioner abused him in filthy language and tried to assault him in front of the public. The de facto complainant, who was a reputed social worker and politician in that locality, was defamed by the petitioner, in front of the public and hence, he filed the compla

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