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2024 Supreme(Ker) 802

A. BADHARUDEEN
Fr. Joseph Kuzhinjalil, S/O. Augusty – Appellant
Versus
Visalakshi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JOMY GEORGE, R.PADMARAJ, M.J.BENNY, CHITRA N.DAS, RISHAB S., RONA ANN SIBY
For the Respondent: ADV.M.R.SARIN, PUBLIC PROSECUTOR SRI.M.P.PRASANTH, ADV.SRI.FIROZ K.M.,AMICUS CURIAE

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C’ hereinafter), by the petitioners, who are accused Nos.1 and 2 in C.C.No.128/2018 on the files of the Judicial First Class Magistrate Court, Sasthamcotta. They seek quashment of the above proceedings.

2. Heard Adv.Sri.Jomy George, the learned counsel for the petitioners, Adv.Sri.M.R.Sarin, the learned counsel appearing for the 1st respondent/original complainant, Sri.M.P.Prasanth, the learned Public Prosecutor and also Adv.Sri.Firoz K.M., who is appointed as Amicus Curiae, to assist the Court, to decide the question of law involved in this matter.

3. Perused the judgments placed by the learned counsel for the petitioners as well as the learned Amicus Curiae, in detail, in a paper booklet form, along with the complaint, the order taking cognizance and the relevant materials.

4. The prosecution case buds from a private complaint, (a copy of which is produced as Annexure A1), filed by the de facto complainant before the Judicial First Class Magistrate Court, Sasthamcotta, alleging commission of offences punishable under Sections 499, 500, 501 and 120B r

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