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2025 Supreme(Online)(KER) 8091

HIGH COURT OF KERALA
G. GIRISH, J
SANJEEV KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
RENJITH B.MARAR, LAKSHMI.N.KAIMAL SRI.V.KRISHNADAS (K-541) SMT.SINDHU K.S., SRI.VIMAL VIJAY

ORDER :

The first accused in C.C.No.1127/2017 on the files of the Judicial First Class Magistrate Court, Kunnamangalam has filed this petition under Section 482 Cr.P.C to quash the proceedings against him in the said case. The allegation against him is that he, along with his wife, has committed the offence under Sections 420 , 468, 471, 120B, 109 and Section 201 I.P.C read with Section 34 I.P.C in connection with the cheating committed with forged documents upon late P.T.Suresh Kumar, the husband of the de facto complainant. The case against the wife of the petitioner, who was arraigned as the second accused, was quashed by this Court as per order dated 16.10.2018 in Crl.M.C.No.363/2017. In the present petition, the petitioner would contend that none of the offences as alleged by the prosecution, are made out even if the entire allegations levelled in the final report are accepted in totality.

2. The prosecution case is that the petitioner fraudulently and dishonestly induced late P.T.Suresh Kumar, on the basis of a forged agreement, to believe that he would be given the profit share of the sale of a property of 16.32 cents of land at Ernakulam which the petitioner had agreed to p

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