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2024 Supreme(Online)(Ker) 84609

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
DR.ANJALI SIVADAS SHANTHI NIKETHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.PHILIP T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SRI.THOMAS T.VARGHESE
For the Respondents: SRI.SANGEETHARAJ.N.R, PP

Table of Content
1. petitioner filed to quash the complaint under the kerala shops and commercial establishments act. (Para 1 , 2 , 3)
2. court discussions emphasize the misapplication of the statute's definition on commercial establishments. (Para 4 , 5)
3. based on previous judgments, the court holds that the petitioner’s premises are exempt from the act. (Para 6 , 8)
4. prosecution was found to be an abuse of process and thus quashed. (Para 9)

P.V.KUNHIKRISHNAN, J.

-------------------------------- Crl.M.C. No.404 of 2014 ----------------------------------------------

Dated this the 04th day of September, 2024

ORDER

This criminal miscellaneous case is filed to quash Annexure-A1 complaint pending before the Judicial First Class Magistrate Court, Ottapalam, as S.T.No.1513/2013. Petitioner is a Homeo Doctor practicing on her own is the submission. The 2nd respondent instituted Annexure-A1 complaint against the petitioner before the Judicial First Class Magistrates Court, Ottapalam, alleging offences punishable under Section 2 9 of the Kerala Shops and Commercial Establishments Act , 1960 (for short, Act 1960) and Rule 14 of the Kerala Shops and Commercial Establishments Rules, 1961 (for sh

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