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2022 Supreme(Ker) 714

A. BADHARUDEEN
Claramma Thomas – Appellant
Versus
K. M. Thomas – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.Jagadeesh, Smt.V.Renju
For the Respondent: Sri. S. Ranjit (Kottayam), Sri. Gokul Das V.V.H., Sr.PP, Sri.Renjit George

ORDER :

The accused in S.T.No.92/2014 on the file of the Judicial First Class Magistrate Court-III, Kottayam is the petitioner in this petition, filed under Section 482 of Cr.P.C. to quash Annexure A3 and A4 orders.

2. Complainant in the above case is the first respondent and the State of Kerala is the second respondent herein.

3. Heard the learned counsel for the petitioner as well as the learned counsel for the first respondent and the learned Public Prosecutor appearing for the State.

4. It is argued by the learned counsel for the petitioner that following the ratio in Dashrath Rupsingh Rathod v. State of Maharashtra and Another (2014(9) SCC 129), a complaint filed by the first respondent herein before the Judicial First Class Magistrate Court-III, Kottayam, which was numbered as S.T.No.92/2014, after taking cognizance, was returned to be presented before the proper court, on the finding that the Judicial First Class Magistrate Court-III had no territorial jurisdiction to entertain the complaint. As per the order of return, the Judicial First Class Magistrate Court fixed 30 days time to file the complaint before the proper court. Since the order was dated 26.02.2015, the complainant

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