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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
KURIAN @ KURIAPPAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. background and initiation of complaint. (Para 1 , 2) |
| 2. court's considerations regarding the nature of the complaint. (Para 4 , 8 , 10) |
| 3. arguments refuting the legitimacy of charges. (Para 5) |
| 4. conclusion and ordering of complaint dismissal. (Para 6) |
| 5. application of legal principles for quashing proceedings. (Para 9 , 11) |
ORDER
The petitioners are the accused Nos. 1 to 4 in C.C. No.5/2020 on the file of the Court of the Judicial Magistrate of First Class-IV, Perumbavoor, which arises out of Crime No.207/2019 registered by the Ayyampuzha Police Station, Ernakulam against the accused persons for allegedly committing the offences punishable under Sections 420 , 468, 471 and 120 B read with Section 34 of the Indian Penal Code.
2. Pending the Crl.M.C., the first petitioner died. The Police after investigation, filed Annexure A4 Final Report before the Trial Court referring the FIR on the ground that the disputes between the parties is in civil nature. Immediately, the 2nd respondent has filed Annexure A1 protest complaint before the Trial Court. The Trial Court took cognizance of the said complaint for the offences punishable under Sections 420 , 468 and 120 B read wi
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