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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
SANTHOSH GEORGE KULANGARA – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to summons under defamation. (Para 1 , 2) |
| 2. insufficient allegations against the petitioner. (Para 3 , 4) |
| 3. need for clarity in the magistrate's order. (Para 5 , 6 , 7) |
| 4. court's direction on the need for judicial reasoning. (Para 8 , 9) |
| 5. remand for fresh consideration. (Para 10) |
ORDER
Annexure E - order passed by the Judicial First Class Magistrate Court - I, Vaikom, issuing summons to the petitioner herein to answer the charge under Section 500 IPC in S.T.No.803 of 2019 on the files of the said court, is under challenge in this revision petition filed by the accused in the said case. The allegation against the petitioner is that in a counter affidavit filed by him in a suit instituted by a person, by name ‘P.A.Mohanan’, before the Munsiff’s Court, Vaikom, the petitioner made defamatory remarks against the complainant / 2nd respondent.
2. The learned Magistrate proceeded with the examination of the 2nd respondent and two other witnesses, and passed the impugned order, taking the complaint into files and issuing summons to the petitioner herein to appear before the said court to answer the charge of defamation.
3. According to the petitioner, the impugne
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