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MRS. M.R.ANITHA, J
SATHEESH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. initial facts and background of the case. (Para 2 , 3) |
| 2. arguments regarding abuse of process and authority of magistrate. (Para 4 , 6 , 7) |
| 3. legal standards and options available to magistrate. (Para 8 , 9) |
| 4. court's analysis of the magistrate's procedures. (Para 10 , 11 , 14) |
| 5. conclusion and order to quash the summons. (Para 16) |
ORDER
Petition has been filed under Section 482 Cr.P.C. seeking to quash all criminal proceedings in pursuance of Annexures -IV, VIII and IX (S.T.No.352/2017 on the file of the Grama Nyayalaya, Parassala).
2. Petitioners are accused in S.T.No.352/2017 on the file of the Grama Nyayalaya, Parassala charged under Sections 447, 427 294(b) r/w. S.34 IPC . The origin of the case relates to registration of crime No.1050/2016 of Poovar police station against the petitioners/accused on the basis of an information furnished by the second respondent/defacto complainant. According to the 2nd respondent/defacto complainant petitioners who are the members of political party to which the President of Grama Panchayath, Poovar belong, got perturbed on making a complaint against the President of Panchayath before Vigilance by the defacto complainant. So
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