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2023 Supreme(Ker) 401

RAJA VIJAYARAGHAVAN V.
Smrithy George – Appellant
Versus
State of Kerala, Represented by The Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sherry J. Thomas, Sri.Joemon Antony
For the Respondent: Sri.V.Santharam, Smt.Revathi A.K., Sri. M.P.Prasanth, PP

ORDER :

The petitioner is the first accused in CC No. 1806/2015 on the file of the Judicial Magistrate of the First Class, Kalamassery. She is facing prosecution for having committed offences punishable under Sections 408, 418, 427, 464, 477A, and 120B, read with Section 34 of the Indian Penal Code.

2. The above case arose from a complaint filed by M/s. Sai Service Pvt. Ltd. before the learned Magistrate, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure (“Code” for brevity). After completing the investigation, the final report was filed.

3. The prosecution alleges that the petitioner, while working as an employee in “Maruti True Value,” a subsidiary unit under Sai Service Pvt. Ltd., of which the de facto complainant was the General Manager, entered into a criminal conspiracy during the period from November 2013 to October 2014 and thereafter manipulated and fabricated records to gain incentives.

4. The learned counsel appearing for the petitioner submits that the charge was framed, and summons was issued to CW1. While the cross-examination of CW1 was going on, the private counsel engaged by the de facto complainant filed an application requesting

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