V S ACHUTHANANDAN Vs. G KAMALAMMA

JUDGEMENT

(1.) The above three Crl.M.Cs are filed by different accused in C.C.No.675/ 2007 pending before the Additional Chief Judicial Magistrate, Thiruvananthapuram. Crl.M.C.No.4159/2003 is preferred by the 1st accused in the above case and Crl.M.C.No.5631/2003 is preferred by the 3rd accused whereas Crl.M.C.No.755/2004 is filed by the 2nd accused in the same case. Since these Crl.M.Cs are arising out of the same case, all the petitioners are accused in the very same case and factual background and arguments are more or less same, these Crl.M.Cs are heard together and being disposed of by this common order.

(2.) As stated earlier, the petitioners herein are accused in C.C.No.675/2007 which is a case instituted upon a private complaint for the offence punishable under section 500 read with section 34 of I.P.C. The above private complaint is preferred by one G.Kamalamma who is the 1st respondent in these Crl.M.Cs. The allegations in the complaint can be summarized as follows :

(3.) On receipt of the complaint, sworn statements of C.Ws 1 and 3 were taken. According to the petitioners, on 1-12-2001, the learned Magistrate found mistakenly that there is a prima facie case in the complaint and issued process to the accused and the matter was posted to 4-3-2002. Thus on taking cognizance, notice was issued for the appearance of the accused. It is at this stage, the above accused approached this Court by filing the above Crl.M.Cs. Along with the Crl.M.C., the petitioners have produced a copy of the issue dated 24-11-99 of the Desabhimani Daily which is the subject matter of the complaint as Annexure A, copy of the complaint in C.C.No.675/2001 of the Addl.Chief Judicial Magistrate's Court, Trivandrum as Annexure B and the certified copy of the proceedings dated 4-3-2002 of the learned Magistrate in C.C.No.675/ 2001 as Annexure C.