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2005 Supreme(Mad) 561

K.PADMANABHAN NAIR
Vakkom Purushothaman – Appellant
Versus
State of Kerala – Respondent


Advocates:
T.R.Raman Pillai (Senior Advocate) and T.R.Ramachandran Nair, for Petitioner.
K.Ramakumar, T.Ramaprasad Unni, S.Venugopal and B.Jayasurya, for Respondents.

JUDGMENT: The Petitioner is the Finance Minister of State of Kerala. He was the Speaker of the Legislative Assembly of Kerala till 4.9.2004. This writ petition is filed challenging Ex.P-6 order passed by the Judicial First Class Magistrate-III, Thiruvananthapuram in C.M.P.No.3157 of 2003 and Ex.P-7 summons issued to the petitioner.

2. The second respondent filed a complaint before the Judicial First Class Magistrate-III, Thiruvananthapuram as C.M.P.No.3157 of 2003 arraying Sri.A.K.Antony, the then Chief Minister and Sri.Oommen Chandy, the present Chief Minister describing him as the convener of United Democratic Front (as he then was). It was alleged that the accused committed the offences punishable under Secs.465 and 468 read with Sec.120-B of I.P.C. It was alleged that the accused fabricated a fax message purporting to be one issued by Sri.Ahammed Patel, General Secretary of All India Congress Committee to the Speaker of Legislative Assembly, Kerala. It was averred that the third respondent also filed another complaint implicating Sri.A.K.Antony, Sri.Oommen Chandy, Sri.M.M.Hassan, Sri. Shanavas and another person who can be identified by sight, who is conducting a s.t.d. booth an





















































































































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