IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 18 of 2005()
1. K.J.JOSE, PROPRIETOR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. V.P.SHUAIB, WAGE NO.553 USA POOL,
For Petitioner :SRI.TOMY SEBASTIAN
For Respondent :SRI.N.RATHEESH
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :10/01/2007
O R D E R
K.R. UDAYABHANU, J
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CRL. M.C. NO. 18 OF 2005
============================
Dated this the 10th day of January 2006
O R D E R
The petitioner, who is the accused in C.C. No. 1529/2002 in the
court of Additional Chief Judicial Magistrate Court, Ernakulam with
respect to offence under section 420 of Indian Penal Code alleging that
he supplied an Akai colour Television set which was found to be
duplicate and defective to the complainant, has sought for getting the
above proceedings quashed contending that he was only a dealer and
that he had provided guarantee for two years. It is further contended
that he is a retailer with high reputation and that the complaint filed
earlier and forwarded under section 156 (3) Cr.P.C to the police ended
in a refer report. According to him, the complaint cannot be sustained.
2. The above are the contentions based on facts to be
established and which the petitioner can raise before the court below.
I find no grounds to quash the proceedings in exercise of the inherent
power. The petitioner may apply for discharge as well.
The Crl. M.C is dismissed accordingly.
K.R. UDAYABHANU, JUDGE.
RV