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2023 Supreme(Online)(KER) 40021

HIGH COURT OF KERALA
ZIYAD RAHMAN A.A., J
THOMAS CHERIAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHINU J.PILLAI, SMT.S.SUJA, SHRI.MARIYA RAJAN, SMT.AISWARYA JAMES
For the Respondents: SRI.VIPIN NARAYAN, C.UNNIKRISHNAN, L.RAJESH NARAYAN, ADV. VIJAI MATHEWS

Table of Content
1. background of the case and allegations (Para 2 , 3 , 4 , 5)
2. context of the hearings and rulings (Para 6 , 19)
3. arguments regarding the applicability of companies act (Para 7 , 8 , 9)
4. court's analysis of the law and precedents (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
5. direction to expedite investigation and final orders (Para 18 , 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 these cases are as follows: The aforesaid crime was registered based on a private complaint submitted by the

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