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1985 Supreme(Ker) 130

S.PADMANABHAN
Aravindakshan – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

This is a petition invoking the inherent jurisdiction of this Court under Section 482 of the Criminal P.C. The prayer is to quash Ext. P2 order passed on Ext. P1 petition and all further proceedings in C.C. 46 of 1983 pending before the Judicial Magistrate of the First Class, Irinjalakuda. There is also a prayer that the petitioners may be dropped from the array of accused in the case. There are two petitioners.

2. The short question for consideration is whether Ext. 2 order was passed by the Magistrate without authority and as such an abuse of process of court which resulted in miscarriage of justice requiring interference at the hands of this Court by invoking the inherent power.

3. The short facts are :- Second respondent, Ramadevan, is the de facto complainant which was pending before the Judicial Magistrate of the First Class, Kodungallur as C.C. 102 of 1982. Subsequently that case was transferred to the file of the Judicial Magistrate of the First Class, Irinjalakuda and renumbered as C.C. 46 of 1983. Originally, when the case was pending before the Judicial Magistrate of the First Class, Kodungallur there were three accused namely, Babu, Jagadeesan and Gopalakris





























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