B.KEMAL PASHA
S. Girish, Sree Karthika – Appellant
Versus
State of Kerala represented by The Public Prosecutor, High Court of Kerala – Respondent
1. The fourth accused in C.C.No.114/2009, pending before the Judicial First Class Magistrate's Court, Changanassery, has come up with a prayer to quash the crime as well as the final report in the case.
2. The petitioner is the Branch Manager of the Kottayam Branch of M/s.Indus Ind Bank Ltd., Vehicle Finance Division. The bank advanced a loan to the de facto complainant for the purchase of an autorickshaw. As the de facto complainant defaulted the payment of installments, the bank had made arrangements for seizing the vehicle. It is alleged that as authorised by the petitioner, who is the Manager of the bank, the accused numbers one to three, went in search of the vehicle, located it, and forcibly seized the same from the possession of the de facto complainant after causing hurt to him. A crime was registered as Crime No.440/2008 of Changanassery Police Station for the offences punishable under Sections 394 and 109 read with Section 34 of the Indian Penal Code against the three persons, who could be identified on sight. After investigation, the police filed Annexure-B final report in the matter, arraigning the petitioner as the fourth accused. The allegation against the
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