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2012 Supreme(Online)(KER) 3779

HIGH COURT OF KERALA
S.S.SATHEESACHANDRAN, J
BINU.V.AND ANOTHER – Appellant
Versus
BIJU SEBASTIAN AND ANOTHER – Respondent


Advocates:
SRI.C.C.THOMAS, SRI.P.NANDAKUMAR, SRI.M.G.KARTHIKEYAN, SRI.BABU S. NAIR, SRI.R.RANJITH

ORDER

Petitioners are the accused, two in number, in a pending case on the file of the Judicial First Class Magistrate Court, Malappuram. The above case has arisen on a protest complaint filed by the first respondent taking exception to the report filed by the police in a crime registered on his complaint to refer that case stating that the disputes are of civil nature. The learned Magistrate took cognizance of the offences punishable under Section 420 and 506(i) r/w Section 34 of IPC on the protest complaint, and ordered process to the accused/petitioners. Petitioners have filed the above petition to quash the criminal proceedings against them contending that after a full pledged investigation the police has rightly and correctly come to the conclusion that the disputes canvassed of are purely civil in nature and as such any continuation of the aforesaid proceedings against them is nothing but an abuse of process of the court. Admittedly, enquiry on the protest complaint is not over. Evidence of the complainant and his Crl.M.C No.4385/2011 2 witnesses in the enquiry covered by Section 244 of the Code is yet to be completed. When that be so, if at all the petitioners have got any su

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