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2021 Supreme(Online)(KER) 25595

HIGH COURT OF KERALA
K.HARIPAL, J
JAYA MOHAN D – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.A.MOHAMMED SHAH, SRI.K.ARJUN VENUGOPAL, SRI.JEEVAN RAJEEV, SMT.MARY RESHMA GEORGE, SMT.P.M.MAZNA MANSOOR, SRI.SOORAJ T.ELENJICKAL, SRI. HRITHWIK C.S

ORDER

This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to quash Annexure C final report in Crime No. 45/2017 of Vythiri police station, Wayanad and all consequential proceedings pending as C.C. No. 388/2017 on the file of the Chief Judicial Magistrate's Court, Kalpetta. Petitioner is the accused in the said case, which was initiated on the basis of Annexure A complaint preferred before the Chief Judicial Magistrate which was forwarded to the police under Section 156 (3) of the Cr.P.C. for registering a crime and investigation. Accordingly, Annexure B crime was registered alleging offence under Sections 415, 417 read with 420 of the Indian Penal Code. On conclusion of investigation, Annexure C charge sheet was laid by the Sub Inspector, Vythiri police station.

2. Annexure A complaint indicates that the complainant, the second respondent is a business man. On 06.03.2015, he participated in the auction conducted by the Vythiri panchayat for leasing out a building belonging to the panchayat on rent, on a monthly basis at of Rs. 27,000/-. He also made deposit of Rs. 2,00,000/- and conducted business by name Holiday Inn, which is a hotel for leasing ou

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