The petitioner, Kaveh Afrasiabi, is the defendant in a criminal case in the Cambridge Division of the District Court Department in which he is charged with a single count of criminal harassment in violation of G. L. c. 265, § 43A (a). He filed a motion to dismiss the complaint, alleging, among other things, that the clerk-magistrate heard and considered perjured testimony at the show cause hearing and issued the complaint on that basis.
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