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2024 Supreme(Ker) 641

A. BADHARUDEEN
O. Abdul Rahiman, S/o. Odungat Moyin – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent


Advocates Appeared:
For the Petitioners: K. Rakesh.
For the Respondents: Public Prosecutor, Sajith Kumar K., K. Shibili Naha, PP - Nima Jacob.

ORDER :

These Criminal Miscellaneous Cases have been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in S.T. No.4540 of 2017 (originally referred in these cases as S.T. No.4540 of 2019 and subsequently corrected) on the files of the Judicial First Class Magistrate Court, Wadakkanchery. The petitioners herein are accused Nos.16 and 17 in the above case.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor, in detail. Though, notice was served to the 2nd respondent, she did not appear. Perused the relevant documents including the decisions placed by the learned counsel for the petitioners.

3. In this matter, the prosecution allegation is that the accused No.16, who is the editor and accused No.17, who is the printer and publisher of Madhyamam daily published a news item on 06.07.2016 in Madhyamam news paper as against the 2nd respondent stating that the wife of one Jayakumar, who is the 1st accused in the above crime, died due to the harassment of the 2nd respondent. The publication has been extracted in paragraph no.5 of the private complaint. The same is as under:

4. While canvasing quashment of the proc

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