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2024 Supreme(Online)(KER) 39426

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
RAJESH NARAYANAN@ PAVANAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ADV. MITHUN P., SMT.A.SALINI LAL, SRI.R.SUNIL KUMAR, SRI.SANGEETHARAJ.N.R, PP

ORDER

This criminal miscellaneous case is filed to quash the proceedings in C.C.No.1368/2016 on the file of the Chief Judicial Magistrate Court, Thiruvananthapuram. The above case is charge-sheeted alleging offences punishable under Sections 406 and 420 read with Section 34 IPC . The 2nd respondent herein is the defacto complainant. He filed a complaint before the Director General of Police, which was forwarded to the District Police Chief who in turn forwarded the same to the Station House Officer, Museum Police Station and consequently Crime No.1208/2015 was registered. Annexure-A is the final report.

2. The prosecution case is that, the accused persons, in furtherance of their common intention, had approached the 2nd respondent defacto complainant and persuaded him to purchase the share certificate of M/s Bharatheeya Cable Vision Ltd, in which the petitioners/accused persons are the Managing Director and Director respectively, by offering the Chairmanship of the Company, but refused to give the Chairmanship as promised and thereby committed the offences. According to the petitioners, even if the entire allegations are accepted, no offence is made out.

3. Heard the learned counsel

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