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2022 Supreme(Ker) 130

A.HARIPRASAD
Sahadevan, S/O Gopalan – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. S.Rajeev, Sri.K.K.Dheerendrakrishnan, Advs.
For the Respondent: Sri. Jeswin P.Varghese, Sri.Bijo Thomas George, Public Prosecutor Sri.Jeswin P.Varghese, Advs.

ORDER :

Aggrieved by the order passed by the Judicial First Class Magistrate Court - I, Changanacherry on C.M.P No.840/2013 in C.C No.314/2005, the defacto complainant (PW1) has come up in this petition under Section 482 Cr.P.C.

2. The defacto complainant was the husband of the accused. He (PW1) filed a complaint before the court below alleging offences against the accused punishable under Sections 406, 420, 465, 467, 468 and 471 I.P.C. Gist of allegations is that the complainant was the owner of a vehicle bearing registration No.KL 5H-5360. He was working abroad from 1-5-2001 till 23-01-2002. During the month of May 2001, he entrusted the vehicle with its registration certificate to the accused. When he demanded to return of the vehicle and its papers, the accused refused to do so and demanded Rs.25,000/- from the defacto complainant. It is the allegation that the accused forged Form Nos.29 and 30 (Exhibits P5 and P6 series before the court below) and cheated the defacto complainant.

3. Heard the learned counsel for the petitioner and the learned counsel for the accused/respondent.

4. Learned Magistrate considered an application filed by the Assistant Public Prosecutor (APP) under Sec

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