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2025 Supreme(Online)(KER) 8990

HIGH COURT OF KERALA
RAJAN THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

The petitioner is the defacto complainant in Crime No.860/2012 of Vellathooval, Adimaly Police Station, Idukki District. Initially, the crime was registered based on a private complaint filed by the petitioner before the Judicial First Class Magistrate Court, Adimaly (for short ‘the trial court’). The complaint was forwarded to the Police and Ext.P2 FIR was registered. The FIR was registered against three persons namely, John, Babu and Sumesh under Sections 120B, 468, 471, 420 and 34 of the Indian Penal Code (IPC). The allegation in the FIR is that the accused persons hatched a criminal conspiracy and consequent to the said conspiracy, forged a power of attorney in the name of the 1st accused and transferred the property belonging to the children of the petitioner in the name of the 2nd accused. After the investigation, Ext.P3 final report was filed before the trial court against 10 accused persons, three persons named in the FIR and seven others. The trial court received the final report on file and numbered the case as CC No.754/2013. Thereafter, the trial court ordered further investigation as per Ext.P10 order. After the further investigation, final report was filed on

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