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2022 Supreme(Ker) 258

ZIYAD RAHMAN A.A.
Sadanandan P. P. S/o Kunjhiraman – Appellant
Versus
Gayathri W/o Manodath – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. I.V. Pramod, Sri. K.V. Sasidharan.
For the Respondents: Sri. M. Harisharma, Sri. D. Narendranath.

ORDER :

1. Petitioners in above Crl. M.C. are the accused Nos. 1 to 3 in C.C. No. 34 of 2012 on the file of the Judicial First Class Magistrate Court-I, Hosdurg, Kasaragod, which was registered on the basis of a private complaint submitted by the 1st respondent herein as C.M.P. No. 2437 of 2011. Crl. M.C. No 4148/2016 is filed by the accused 1 and 3 therein and Crl. M.C. No. 4079/2016 is filed by the 2nd accused. The offences alleged against the petitioners in the aforesaid private complaint are under Sections 323 and 342 read with Section 34 IPC. But as per Annexure-A2 order passed by the Judicial First Class Magistrate Court-I, Hosdurg, cognizance was taken for the offences punishable under Section 343 read with Section 34 IPC.

2. The allegations in the private complaint, which is produced as Annexure-A1 is as follows:

    The 1st respondent’s husband, who is a person conducting a small jewellery shop in a room of an old building situated near Uppala Railway Station, found missing since 11.11.2008. She got the information that her husband was taken into custody by police. Initially, she and her relatives contacted Manjeswaram Police Station and enquired as to whether her husband is det

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