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2026 Supreme(Online)(Ker) 16667

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
SAROJINI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ABRAHAM K.JOHN, SHRI.P.K.BALAKRISHNAN, SRI.M.SANJEEVAN
For the Respondents: SRI.K.K.ANILRAJ, SRI.U.K.DEVIDAS, SRI JAYAKRISHNAN U., PP, SRI ALEX JOHN PULIMOOD, AMICUS CURIAE

ORDER

Annexure A5 order passed by the Judicial First Class Magistrate Court, Vadakara, refusing to discharge the accused Nos.1 to 3 in CC No.1369/2014 on the files of the said Court, is under challenge in this revision filed at the instance of accused Nos.2 and 3 in the said case. The aforesaid case arose out of a private complaint filed by the 2nd respondent alleging the commission of offences under Sections 498A and 406 IPC . The learned Magistrate took the complaint to files and issued summons to the accused. The 1st accused is the husband of the 2nd respondent/complainant. The 2nd and 3rd accused are her mother-in-law and brother-in-law respectively.

2. The allegation in the complaint is that the accused have been subjecting the complainant to cruelty by demanding more gold ornaments and money from her. There are also allegations to the effect that the accused often resorted to innuendos and inflicted mental cruelty upon her.

3. In the course of procedure under Section 244 Cr.P.C, the learned Magistrate recorded the evidence of the complainant and her brother as PW1 and PW2 respectively. While the case was posted for framing charges, the accused filed Annexure A4 discharge pe

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