IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4881 of 2008()
1. ELIKUTTY, PULIKKATHOTTATHIL HOUSE
... Petitioner
Vs
1. P.N.SIVAN, S/O.NARAYANAN
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.LALJI P.THOMAS
For Respondent :SRI.T.G.RAJENDRAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/03/2009
O R D E R
M.N. KRISHNAN, J.
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CRL.M.C. NOs. 4881/08 and 939 OF 2009
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Dated this the 16th day of March, 2009.
O R D E R
Crl.M.C.4881/08 is filed with a prayer to quash the
proceedings pending before the Judicial First Class
Magistrate-II, Sulthan Bathery in C.C.323/08. It is one filed
u/s 499 IPC alleging that the first respondent in this petition
had uttered filthy words and thereby had brought the name
of the petitioner to disrepute. Crl.M.C.939/09 is filed by the
accused in C.C.323/08 against the defacto complainant
therein attributing allegations of offence u/s 294(b) and 509
IPC. This is on account of an alleged exchange of words that
had taken place on a particular date. Both these matters
require factual consideration for arriving at a proper decision
and the attraction of the offence would depend upon the
words spoken, intention behind and other ingredients
necessary to constitute offences under the sections alleged.
Therefore it is too early a stage for this Court to quash the
proceedings and therefore I decline to quash the proceedings
Crl.M.C. 4881/08 & 939/09
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as prayed for. I direct the learned Magistrate to consider the
bail application if filed and release her on self bond and with
a direction to appear as and when necessary. Needless to
say the parties will have their right to move the Court for
exemption etc. as provided under the Criminal Procedure
Code and in the light of the decisions on the subject. So
reserving this right in favour of the petitioners, the Crl.M.Cs.
are closed.
M.N. KRISHNAN, JUDGE.
ul/-