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2024 Supreme(Online)(KER) 9038

HIGH COURT OF KERALA
P. G. Ajithkumar, J
JOBI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.VIJAYA BHANU (SR.), SRI.P.M.RAFIQ, SRI.V.C.SARATH, SRI.M.REVIKRISHNAN, SRI.AJEESH K.SASI, SRI.VIPIN NARAYAN, SMT.POOJA PANKAJ, SRUTHY N. BHAT, SHRI.ABEL TOM BENNY, ADV.PUSHPALATHA M.K.-PUBLIC PROSECUTOR

ORDER

Petitioners in this revision petition are the accused in C.C. No.3247 of 2014 pending before the Judicial Magistrate of the First Class-III, Thrissur. They are indicted with an offence punishable under Section 498A of the Indian Penal Code, 1860 . They filed Crl.M.P. No.7495/2017 seeking discharge. The learned Magistrate as per the order dated 28.06.2019 dismissed that petition and that is under challenge.

2.Heard the learned Senior Counsel appearing for the petitioners and the learned Public Prosecutor.

3.The allegations in the final report are the following:

    The 1st petitioner and the defacto complainant had been residing together since 05.05.2006. The 2nd petitioner is the mother of the 1st petitioner. While they were residing together, the defacto complainant was subjected to cruelty for various reasons, including pressuring her to bring more money from her parents. While so, on 09.07.2014 at about 12.00 noon, the 1st petitioner manhandled the defacto complainant and caused her bodily infirmities.

4.The learned Magistrate following the principle of law laid down by the Apex Court in Reema Aggarwal v. Anupam and Others [2004 (3) SCC 199] : [2004 (2) KLT 822] held that dehors

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