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2023 Supreme(Ker) 492

A. BADHARUDEEN
A. Anoop – Appellant
Versus
Baby Joseph, W/o. Joseph – Respondent


Advocates Appeared:
For the Petitioner: Denizen Komath.
For the Respondents: Sri. Nireesh Mathew-R, Sri. M. P. Prasanth.

ORDER :

1. This petition has been filed under Section 482 of the Criminal Procedural Code (for short ‘the Cr.P.C’ hereinafter). The prayer in this petition is to quash Annexure-A1 complaint and further proceedings thereafter, now pending as C.C. No. 1584/2015, before the Judicial First Class Magistrate Court, Kalady.

2. Heard the learned counsel for the petitioner, learned counsel appearing for the defacto complainant and the learned Public Prosecutor in detail.

3. Background facts:

The complainant lodged complaint alleging commission of offences punishable under Sections 341, 447, 452, 294(b), 506(ii) and 509 r/w 34 of Indian Penal Code, by accused Nos.1 and 2. The precise allegation led to filing of the complaint runs on the premise that at about 12.15 a.m, on 10.02.2015, the 1st accused, who is the Sub Inspector of Police, Kalady, along with another policemen (A2) of Kalady Police Station, reached the residence of the complainant and broke open the house, trespassed upon the house and searched about Mr. Shyjo, who is the son of the complainant. Further allegation is that, accused Nos. 1 and 2 searched Mr. Shyjo by using a torch light and pulled down the bed. The learned Magistra

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