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ZIYAD RAHMAN A. A.
Thomas Cherian – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. case initiated due to allegations of fraud. (Para 1 , 2 , 3 , 4 , 5) |
| 2. dispute over investigation authority under companies act and ipc. (Para 6) |
| 3. accused argue police cannot investigate under companies act due to specific provisions. (Para 7 , 8 , 9 , 18 , 19) |
| 4. court assesses the application of fraud definition and investigation procedures. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. court orders expedited investigation by police. (Para 20) |
ORDER :
Both the above cases are arising from a single crime registered by the Kottayam West Police Station and since the issues involved are connected, the same are being disposed of by a common order. Crl.M.C.No.5052/2020 is filed by the accused Nos.1, 2 and 5 in Crime No.1785/2015 of Kottayam West Police Station, for quashing all further proceedings against the petitioners in the said crime, which was registered pursuant to Annexure-A1 complaint. W.P.(C)No.2676/2020 is filed by the defacto complainant in the said crime, for issuance of a writ of mandamus commanding the official respondents to complete the investigation in the said crime and to submit a final report expeditiously.
2. The facts which led to the filing of t
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