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2013 Supreme(Online)(KER) 28678

HIGH COURT OF KERALA
K.HARILAL, J
PROF K G VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The revision petitioner is the de facto complainant in C.C.No.416/09 on the files of the Judicial First Class Magistrate's Court, Thiruvalla, as well as the petitioner in C.M.P.No.3260/13 filed therein. The above Calendar Case arose from Crime No.668/07 of the Thiruvalla Police Station registered against the 2nd respondent herein for the offences punishable under Secs.419, 468 and 469 of the Indian Penal Code read with Sec.67 of the Information Technology Act .

2. The prosecution case is that the accused used land phone (0469 2784848) in the name of his wife Elsamma having a BSNL internet connection and created an E-mail ID in the name of Prof. K.G. Varghese. He sent E-mail to many persons as if the same were sent by the petitioner - Prof. K.G. Varghese, with a view to defame the petitioner among the religious community.

Thus, he is said to have committed the offences alleged against him. Now, the trial commenced and 12 witnesses were examined. While so, their counsel, who has been permitted to assist the Assistant Public Prosecutor in conducting the prosecution for and on behalf of the de facto complainant, filed a petition under Sec.319 of the Cr.P.C. seeking an order implica

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