Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
ESTHER JACOB – Appellant
Versus
HUMBLE JOSEPH – Respondent
| Table of Content |
|---|
| 1. basis of the challenge for discharge in lower courts. (Para 1 , 2 , 3) |
| 2. overview of advocacy for the complainant. (Para 4) |
| 3. specific allegations and their examination. (Para 5 , 6) |
| 4. court's observations on lower courts' proceedings. (Para 7 , 10 , 11) |
| 5. ratios on charge framing standards. (Para 8 , 9) |
J U D G M E N T
The order of the Judicial First Class Magistrate Court-II, Kochi in C.C No.1/2020 discharging the accused in the said case under Section 245 (1) Cr.P.C, which has been upheld in revision by the Additional Sessions Court-VI, Ernakulam, is under challenge in this Original Petition filed by the complainant under Article 227 of the Constitution of India.
2. The proceedings before the learned Magistrate arose out of a protest complaint filed by the petitioner in Crime No.771/2016 of Palluruthy Police Station, wherein the allegation against the respondents 1 and 2 was that they committed offences punishable under Sections 323, 509, 354 and 448 I.P.C r/w 34 I.P.C. After the completion of the enquiry under Section 200 Cr.P.C, the learned Magistrate took the complaint to files as C.C No.1/2020 and issued summons to respondents 1 and 2 herein. Both the resp
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
