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2025 Supreme(Online)(Ker) 37276

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J
REMABHAI AMMA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.AJITH (KARICODE), SRI.R.MOHANA BABU
For the Respondents: SRI.M.T.SURESHKUMAR, SRI.K.R.ARUN KRISHNAN, SMT.DEEPA K.RADHAKRISHNAN, SMT SEETHA S

Table of Content
1. filing of original petition challenging magistrate's order. (Para 1 , 2)
2. arguments regarding the sustainability of the magistrate's order. (Para 3 , 4)
3. court's observation on witness testimony and its impact on the order. (Para 5 , 6 , 7)

JUDGMENT

The above Original Petition (Crl) is filed with the following prayers:

"i.to call for records leading to Ext.P8 order dated 27.6.2022 in CMP.833/2022 in CC.3188/2020 of JFMC-I, Kollam and set aside the same."

[SIC]

2. Petitioners are aggrieved by Ext.P8 order by which an application under Section 319 Cr.P.C is allowed by the Judicial First Class Magistrate Court-I, Kollam. The de facto complainant, who is the 2nd respondent herein, filed an application under Cr.P.C to add petitioners 2 and 3 also as accused, after recording his evidence. The same was allowed by the learned Magistrate.

Hence, this Original Petition (Crl).

3. Heard the learned counsel for the petitioners and the Public Prosecutor.

4. The counsel for the petitioners submitted that, the case itself is a false case, and there are civil disputes between the parties. The complaint filed by the petitioners was not entertained by the Police. Therefore, it is c

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