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2024 Supreme(Online)(KER) 50697

HIGH COURT OF KERALA
P.SOMARAJAN, J
PRATHAPACHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ANIL S.RAJ, RADHIKA RAJASEKHARAN P., V.N.ANIL KUMAR, S.GOPAKUMAR, T.M.BINITHA, SMT. NIMA JACOB, SRI.C.S.AJITH PRAKASH, SRI. K PRADEEPAN, SRI.UNNI NAIR, SRI. BIJITH S KHAN, SRI. T K DEVARAJAN, SRI. A T JOSE, SRI.VIPIN NARAYAN, MANU GOVIND, RAHUL SURENDRAN

ORDER

It is against the dismissal of an application for discharge under Annexure 3 order, the petitioners 8 in number, the accused arrayed in Annexure 1 final report and Annexure 2 supplementary report, came up.

2. It is submitted that it is pertaining to purchase of certain immovable properties based on a resolution passed by the society. They are the members of Board of Directors. A resolution was passed early in the year 2008 permitting the members of Board of Directors to purchase properties for which CW21 offered 20 acres of property situated in Nadakavu Village. It was agreed to sell the property for the agreed sale consideration out of which an amount of Rs.56,000/- was agreed to be given separately to CW21 for the purpose of developing the road leading towards that property. The resolution was passed on 07.04.2008 and it was confirmed by the General Body on 15.04.2008. Subsequently, the property was purchased by paying the agreed sale consideration, but they could not purchase the entire extent due to lack of sufficient funds. Only an extent of 14.53 acres was purchased. It is thereafter the dispute arises presumably on the ground that what is purchased is a marshy land, not

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