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2022 Supreme(Ker) 74

SOPHY THOMAS
Sundareswaran K. S/o Sri. R. Krishna Iyer – Appellant
Versus
State of Kerala Rep. by the Public Prosecutor, High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Rajesh P. Nair.
For the Respondents: Smt. Seena Chandran, Sri. M. Rajendran Nair, Smt. M. Santhy.

ORDER :

1. This petition has been filed by accused Nos. 1 to 3 in Crime No. 1424 of 2018 of Thampanoor Police Station, for quashing the proceedings in C.C. No. 259 of 2019 on the files of Judicial First Class Magistrate Court-III, Thiruvananthapuram, invoking the inherent jurisdiction of this Court under Section 482 of Cr.P.C.

2. The allegation against the petitioners is that, they being the Manager and employees of Anderson Diagnostics and Labs, which is running without any Municipal licence, fraudulently collected the blood samples of the de facto complainant and his wife, and issued a faulty result, and when the de facto complainant questioned them, the 1st accused criminally intimidated him. Thus they are alleged to have committed the offences punishable under Sections 420, 506 read with Section 34 of IPC and Section 442 read with Section 543 of the Kerala Municipal Act.

3. According to the petitioners, they are the employees of the Thiruvananthapuram Branch of Anderson Diagnostics and Labs, having its registered office at Chennai. The doctor who was treating the de facto complainant and his wife for infertility referred them for blood test and the 2nd accused collected blood samp

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