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2019 Supreme(Online)(KER) 11224

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
C.K. SAJAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.PAUL K.VARGHESE, SRI. M. S. BREEZ SR. PUBLIC PROSECUTOR

ORDER

The petitioner claims to be a practicing lawyer. He has been arrayed as the 1st accused in C.C. No.524 of 2015 on the file of Judicial First Class Magistrate Court, Muvattupuzha. He has approached this Court seeking to quash the pending criminal proceedings.

2. Sans the details, the relevant facts need to be adverted to for considering the prayer sought for. The 2nd respondent is the owner of a one room building situated at Mekkadambu Panchayat. For leasing it out to a mobile phone operator, he had to carry out certain modifications. On 11.03.2015 at about 3.20 p.m, while he was overseeing the work that was being carried on, the petitioner reached the spot. He is alleged to have picked up an altercation and abused him. He then spewed out the following sentence”

“...ഞാൻ പെന്നൂസ്സിൽ പ്രതിയാപിന്ന് പെന്ന് കാട്ടും എന്തായിടാ. നിന്റെ എന്തുപയ്യാൻ രറ്റൂപെ”

3. The petitioner then took out his mobile phone and was found talking to some one. After sometime, one Rajesh arrived at the spot. He had a conversation with the petitioner and thereafter, he approached the de facto complainant. Rajesh then attempted to deflate the tyres of the vehicle of the 2nd respondent. When this was questioned, h

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