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2018 Supreme(SC) 242

R.K.AGRAWAL, A.M.SAPRE
P. Sreekumar – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellants :- Kamlendra Mishra, Advocate.
For the Respondents:- Respondent-In-Person.

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 27.05.2014 passed by the High Court of Kerala at Ernakulum in Criminal M.C. No.2641 of 2007 whereby the High Court allowed the petition filed by the accused-respondent No.3 herein and quashed the FIR(Annexure II), charge-sheet(Annexure III) and all consequent proceedings arising therefrom pending as C.C. No.2682 of 2002 on the file of the JFCM-II, Ernakulum.

3. Facts involved in the case lie in a narrow compass so also the issue involved in the appeal is a short one. The facts are mentioned hereinbelow:

4. There is one public charitable Trust by name - Vidyodaya Trust (hereinafter referred to as "the Trust") having its office at S.N. Junction, Palarivattom in the State of Kerala. The Trust is engaged in the educational activities and runs educational institutions in the State of Kerala.

5. The appellant herein is one of the Chief Executive Trustees of the Trust whereas respondent No.2 herein is one of the Trustees and respondent No.3 was a Treasurer of the Trust at the relevant time.

6. On 17.10.2001, respondent No.2 (Trustee) filed a private complaint against the appella




































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