T P AMINA Vs. P NALLA THAMPY THERA
HIGH COURT OF KERALA
P.NALLA THAMPY THERA
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(1.) The petitioners - a couple - are the accused in C.C.No.660/96 of the Judicial First Class Magistrate's Court, Sultan Battery. The prayer is to quash the further proceedings in the aforesaid case involving the offences under S.415 and 417 of the Indian Penal Code.
(2.) The 1st respondent herein, in Annex. A private complaint filed on 20.9.96, alleged that as against the assurances given on 15.7.1988 when the present 1st petitioner's building bearing No.802 was let out to him by her husband, who is the 2nd petitioner herein, the electric connection and water supply to the building were cut off and that there was fraud and breach of trust involved in the matter. . It was also alleged that this was a premeditated act on the part of the accused and that deception was practised in the matter of cutting off electrical supply.
(3.) In his sworn statement the complainant stated that while practising as a Doctor he was offered two rooms in the said building; that it was let out to him on condition that he should pay rent of Rs. 1,150/- per month out of which Rs.75/- was for water supply and Rs.75/- was for electricity charges; that there was no limitation with regard to the quantity of electricity or water that could be consumed by the tenant; that it was therefore that he paid a sum of Rs.25,000 / - as advance which was covered by a receipt and that as against the said promise given by the 2nd accused on behalf of the 1st accused, electricity was cut off on 23.6.1994 followed by obstruction to water supply effected on 23.2.1995.;
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