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2024 Supreme(Ker) 677

A. BADHARUDEEN
C. R. Chandran, S/o. Late Raghava Kurup – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.T.ASAFALI, SMT.LALIZA.T.Y.
For the Respondent: SRI.K.K.DHEERENDRAKRISHNAN, SRI.V.MADHUSUDHANAN, SRI.S.RAJEEV, SRI.M.SREEBHADRAN, ADV.M.P.PRASANTH, PUBLIC PROSECUTOR

ORDER :

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

This Crl M C has been filed under Section 482 of the Code of Criminal Procedure, seeking the following reliefs;

    “This Hon’ble Court may be pleased to call for the records relating to the order dated 1.10.2016 made in CC 275/2016 on the file of the Judicial First Class Magistrate II, Mavelikkara, (Annexure A5) and all further proceedings in CC 275/2016 on the file of the Court of Judl. 1st Class Magistrate Court-II, Mavelikkara, pursuant to Annexure A5 thereto may be quashed by allowing this Crl. M.C.”

2. Heard the learned Counsel for the petitioner and the learned Counsel appering for the 2nd respondent/de-facto complainant.

3. In this matter, a private complaint, copy of which is produced as Annexure A1, was filed before the Judicial First Class Magistrate II, Mavelikkara, by the complainant/2nd respondent herein, alleging that the accused herein committed the offences punishable under Sections 294(b), 323 and 354 of IPC. The learned Magistrate recorded the sworn statement of the complainant and two witnesses while conducting enquiry contemplated under Section 202 of Cr.PC. Thereafter, the learned Magistrate passed an order on 23.07.20

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