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2012 Supreme(Online)(KER) 11398

HIGH COURT OF KERALA
S.S.SATHEESACHANDRAN, J
K V VINOD – Appellant
Versus
STATE OF KERALA , REP BY PUBLIC – Respondent


O R D E R

These three petitions are filed separately by the three accused persons in a pending case on the file of the Chief Judicial Magistrate Court, Thodupuzha. The above case, numbered as C.C. No. 57 of 2008 on the file of the Chief Judicial Magistrate, has arisen on a protest complaint filed by the common second respondent, hereinafter referred to as the 'complainant', after the crime registered on his previous complaint led to a refer report holding that the disputes are of a civil nature. Learned Magistrate after recording the sworn statement of the complainant has ordered for issuing process against the accused. Contending that proceedings initiated against them on the protest complaint filed by the complainant after a refer report was filed as indicated above are an abuse of process of the court, the petitioners/accused persons have filed the above petitions under Section 482 of Code of Criminal Procedure (for short the 'Code') to quash such proceedings.

2. I heard the counsel on both sides.

3. Though the petitions are filed separately by the accused persons common grounds are raised to seek for quashing the proceedings against them. Learned Magistrate without looking into th

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