LAWS(KER)-2022-1-189

ADVOCATE SHERMAN. A. GEORGE Vs. STATE OF KERALA

Decided On January 12, 2022
Advocate Sherman. A. George Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Crl.M.C.4705/2021 and Crl.M.C.4582/2021 have been filed seeking to quash complaint and consequent FIR in Crime No. 1717/2021 of Perumbavoor police station in pursuance of the order of Judicial First Class Magistrate Court, Perumbavoor by forwarding complaint under Sec. 156(3) of the Code of Criminal Procedure, 1973.

(2.) Petitioners in Crl.M.C.4705/2021 are accused Nos. 3, 4 and 6 and the petitioner in Crl.M.C.4582/2021 is accused No. 5 in Crime No. 1717/2021 of Perumbavoor police station. Since both Crl.M.Cs have been filed for quashing FIR in Crime No. 1717/2021 of Perumbavoor police station both were heard together.

(3.) According to the petitioners they are practicing lawyers in various courts in Kerala State. Third respondent in Crl.M.C.4705/2021 and 2nd respondent in Crl.M.C.4582/2021 is the de facto complainant, who will be referred as 3rd respondent hereinafter, is also a lawyer practicing at Kothamangalam. Third respondent filed a private complaint under Sec. 190 and 200 of the Code of Criminal Procedure, 1973 (in short the Code) as Crl.M.P.681/2021 before the Judicial First Class Magistrate Court-I, Perumbavoor. First accused is the father of the victim referred to in the complaint and second accused is alleged to be residing together with the first accused. The allegation in the complaint filed by the third respondent in brief is that, he is the counsel appearing for the wife of first accused Jayasree before the Family Court, Muvattupuzha and Magistrate court, Kothamangalam. First petitioner/third accused (hereinafter referred as third accused) is the counsel appearing for first and second accused before the Family Court, Muvattupuzha and Magistrate Court, Kothamangalam. Second petitioner/4th accused was the counsel appearing for the first and second accused before the High Court for bail.