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2012 Supreme(Ker) 821

S.S.SATHEESACHANDRAN
P. T. Abdul Rahiman, Dubai – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, Ernakulam – Respondent


Advocates appeared:
For the Petitioner:P. Jayaram, Advocate.
For the Respondent: P.M. Saneer, Public Prosecutor.

Judgment :-

S.S. Satheesachandran, J.

1. Petitioner is the accused in a pending case on the file of the Judicial First Class Magistrate Court, Ottapalam. He is being prosecuted for offences punishable under Sections 403, 406 and 420 of the Indian Penal Code. Crime in the aforesaid case was registered on a complaint filed by the 2nd respondent, hereinafter referred to as the 'complainant' before the magistrate and that being referred to police for investigation and report under Section 156(3) of the Code of Criminal Procedure, for short, the 'Code'. On the report filed by the police, after investigation, cognizance of the aforesaid offences taken, summons was issued to the accused, and on, his appearance, complying with the formalities, charge was framed against him. At that stage, complainant moved an application seeking further investigation of the crime contending that material documents have not been seized by the investigating agency and also sanction has not been obtained under Section 188 of the Code to prosecute the accused, which is necessary since the transaction for the offences involved took place in a foreign country. That application was allowed by the magistrate vide A
















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