IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
A.R.VALSAMMA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges against the petitioner. (Para 1 , 2) |
| 2. arguments regarding the legality of the proceedings. (Para 4 , 5 , 6 , 7) |
ORDER
The petitioner is the 4th accused in C.C.No.996/2019 on the file of the Court of the Judicial First Class Magistrate, Karunagapally, Kollam (‘Trial Court’, in short), which was registered on the basis of the private complaint filed by the 2nd respondent alleging the commission of the offences punishable under Sections 417 , 420, 423, 465, 468, 163, 167 and 120(b) read with Section 34 of the Indian Penal Code .
2. The petitioner had filed this criminal miscellaneous case to quash Annexure 1 complaint and Annexure 2 order taking cognizance of the above offences as against the petitioner.
3. The substratum of the prosecution case is that the
2nd respondent’s marriage with her husband was estranged. Consequently, she filed O.P.No.1213/2010 before the Family Court, Kollam, and effected an attachment before the judgment over the property belonging to her husband named Ratnakumar. During the pendency of the case, her husband died on 03.05.2014. The 1st accused was the close friend of the 2nd respondent’s husband. Knowing
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