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2000 Supreme(Ker) 626

K.A.MOHAMED SHAFI
Somasekharan Nair – Appellant
Versus
State of Kerala – Respondent


ORDER

K.A. Mohammed Shafi, J.

1. This M. C. is filed by the defacto complainant in C.C. 124/97 pending before the Judicial First Class Magistrate's Court - I, Thiruvananthapuram challenging the order in C.M.P. 3825/99 dated 13.10.1999 confirmed by the revisional court in Crl. R. P. No. 113/99.

2. C.C. 124/97 is instituted against the accused therein on the basis of the complaint filed by the petitioner alleging offences punishable under S.420, 465, 462 and 471 read with 34 of I.P.C. The allegation was that the accused cheated the petitioner of Rs. 20,000/-. Though the crime was registered and charge sheet was laid after investigation and the above C.C. is pending before the Magistrate's Court, the accused who belonged to U.P. are still absconding. An amount of Rs. 20,600/- was recovered from the accused by the investigating officer during the course of investigation and the same was produced before the Court. The petition filed by the petitioner seeking release of the amount of Rs. 20,000/- under S.451 of the Cr.P.C. was dismissed on 27.12.1996, since the amount produced before the Court is Rs. 20,600/- and the amount sought to be released by the petitioner being Rs. 20,000/-, the amo




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