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2022 Supreme(Ker) 974 ; 2022 Supreme(Ker) 995

M. R. ANITHA
Cibi. K. Cherian – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N.J. Mathews, Smt.Laisa B.Jose
For the Respondent: Sri. E.C. Poulose, Smt. Bobby Rapheal. C, By Adv. Renjit George, Public Prosecutor

ORDER :

This Crl.M.C. has been filed by the petitioner/accused in C.C.No.875/2018 on the file of the Judicial First Class Magistrate Court, Thripunithura.

2. The petitioner/accused (hereinafter be referred as petitioner) is a lawyer enrolled with Bar Council of Kerala and is active in his profession. The second respondent/defacto complainant (hereinafter be referred as the second respondent) is the wife of the brother-in-law of the petitioner. The second respondent is working as a nurse at Vijayakumara Menon Hospital at Thripunithura. The marital relationship of the second respondent with her husband I.e, the brother in law of the petitioner has been strained by 2015. Several litigation are pending between them.

3. The petitioner filed Vakalath for the brother-in-law and conducted the case in M.C.No.27/2016 filed by the second respondent before the Grama Nyayalaya, Kolencherry. That provoked the second respondent and she made allegations against the petitioner one after the other. Initially, the second respondent filed a complaint against the petitioner before the SHO, Thripunithura, alleging commission of offence under Section 341 and 506 (1) of Indian Penal Code. After investigation

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