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2022 Supreme(Online)(KER) 9017

RADHAKRISHNA PILLAI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['SRI ALAN PAPALI', '', 'SMT O V BINDU', 'SRI J VIMAL', 'SRI GOPAKUMAR R THALIYAL']

O R D E R

This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to quash Annexure-I complaint and cognizance taken thereon and all proceedings in C.C.694/2008 on the file of the Judicial First Class Magistrate-V (Special Court for Mark List Cases), Thiruvananthapuram and also to set aside the findings in Annexure-XI order regarding sanction and the prayer to discharge the petitioner, who is the 3rd accused in C.C. 694/2008.

2. Annexure-I complaint was laid by the 2nd respondent before the Judicial First Class Magistrate-II, Thiruvananthapuram alleging offence under Sections 420, 506 read with 34 of the IPC. The substance of the complaint filed on 05.03.2003 can be summarised as follow: On 26.02.2003 at 11.00 a.m. the petitioner who is the 3rd accused in the complaint, reached Maheshwari Jewellery at Chalai, Thiruvananthapuram, which is owned by Baji Rao. The complainant is an employee of the said jewellery for the previous seven years. The said Baji Rao is presently at his native place in Maharashtra. On 26.02.2003 at 11 a.m. accused persons reached the jewellery with a thief. At that time complainant and another employee Gopal alone were in the jewelle

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