RAZAK METHER Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C' for short) with prayer to quash Annexure A4 order and further to quash Annexure A1 complaint and all further proceedings initiated against the petitioner in S.T.879/2021 on the file of Special Judicial First Class Magistrate Court (N.I. Act Cases) Kozhikode.

(2.) Heard the learned counsel for the petitioner as well as the learned counsel for the 2nd respondent. The learned Public Prosecutor appearing for the State of Kerala also was heard.

(3.) The learned counsel for the petitioner argued that the dismissal of Annexure-A3 petition filed by the petitioner by Annexure-A4 order is not justifiable. Therefore, Annexure-A4 order is liable to be quashed and in consequence thereof Annexure-A1 complaint and further proceedings initiated against the petitioner in S.T.No.879/2021 are liable to be quashed. The specific point argued by the learned counsel for the petitioner is that in the address portion of Annexure-A1 complaint, it has been averred that the complainant was represented by his power of attorney holder, but there is no mention of this fact in the body of the complaint. Further, Annexure-A1 complaint had to be verified by the power of attorney holder as if he was the complainant. According to the learned counsel for the petitioner, thus Annexure-A1 complaint was filed ignoring the statutory mandates as held in the decision reported in [2013 (4) KLT 21 (SC) : 2013 (4) KLJ 279 : AIR 2014 SC 630 : 2013 SAR (Criminal) 1181], A.C.Narayanan v. State of Maharashtra & anr. (hereinafter referred to as "A.C Narayanan first case".