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2024 Supreme(Ker) 1170

A. BADHARUDEEN
PRAKASHAN M. N. S/O NARAYANAN M. S. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P.G. JAYASHANKAR, P.K. RESHMA, S. RAJEEV, SHAIJU GEORGE, SAJANA V.H.
For the Respondents: M. JAYAKRISHNAN, M.P. PRASANTH, SHAJI MATHEW N.M.

ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 [hereinafter referred as ‘Cr.P.C.’ for short] challenging Annexure.A7 order dated 30.11.2022 in C.M.P. No. 1713/2021 in C.C. No. 326/2016 on the files of the Judicial First Class Magistrate Court, Piravom, whereby petition under Section 258 of Cr.P.C. was dismissed by the learned Magistrate. The petitioner herein is the accused in the above case.

2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant. Perused the relevant materials available.

3. In this matter, initially the FIR was registered alleging commission of offences punishable under Sections 447, 427, 294(b) and 506(i) of IPC by the accused. On investigation, Final Report filed alleging the said offences. Then, the petitioner approached this Court to quash the entire proceedings and as per Annexure.A6 order in Crl. M.C. No. 2308/2017, this Court partly allowed the Crl. M.C. and quashed offences under Sections 447 and 294(b) of IPC, since the same were not made out. At the same time, it is also held that, the petitioner is liab

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