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2023 Supreme(Ker) 707

P. V. KUNHIKRISHNAN
K. B. Ganesh Kumar, S/o. R. Balakrishna Pillai – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: S. Rajeev, K.K. Dheerendrakrishnan, V. Vinay, M.S. Aneer, R. Anil R., B. Raman Pillai.
For the Respondents: Sri. S. Sreekumar (Sr.), Smt. Tina Alex Thomas, Sri. Harimohan, Smt. Sreeja V., PP.

ORDER :

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.624/2021 on the file of the Judicial First Class Magistrate Court – I, Kottarakkara as against the petitioner.

2. Petitioner is the 2nd accused in the above case. The 2nd respondent herein filed a private complaint before the Judicial First Class Magistrate Court - I, Kottarakkara against the petitioner and another alleging offences punishable under Sections 120B, 192, 193, 182, 469, 471 r/w Section 34 IPC. Annexure-I is the complaint. The learned Magistrate has taken cognizance under Sections 193, 182, 469, 471 and 120(B) IPC. Aggrieved by the order taking cognizance and also against Annexure-I complaint, this Criminal Miscellaneous Case is filed.

3. The short facts in Annexure-I complaint are like this: The Government of Kerala has constituted a Commission of Inquiry under the Commissions of Inquiry Act for the purpose of making an inquiry into an issue which is known as 'Solar Scam and allied financial transactions'. Accused No.1 in Annexure-I complaint was one of the witnesses before the Solar Scam Commission. It is the case of the 2nd respondent/complainant that the 1st accused in Annexure-I made

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