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2025 Supreme(Online)(Ker) 26129

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
UNNIKRISHNAN M M – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.SNEHA RAJIV, SMT.P.F.ROSY, SHRI.VIVEKANANDAN K.N.
For the Respondents: HRITHWIK CS-SR.PP

Table of Content
1. allegations of fraud and resultant signing of non-intentional documents. (Para 2 , 3)
2. notice issuance by the magistrate without proper inquiry is unaddressed. (Para 4)
3. court underscores the necessity of enquiring prior to proceeding with the complaint. (Para 5 , 6)

JUDGMENT

The above original petition is filed with following prayers :

(i) “Set aside Exhibit P2 the proceedings dtd.28.11.2024 in CMP No.8164 of 2024 of the Judicial First Class Magistrate III, Thrissur;

(ii) Direct the Judicial First Class Magistrate III, Thrissur to order investigation under 175(3) of the Bharatiya Nagarik Suraksha Sanhita , 2023 in CMP No.8164 of 2024.

(iii) Dispense with filing of the translation of vernacular documents (iv) Issue such other orders as this Hon’ble Court may deem fit and proper.” [sic]

2. The petitioner is aggrieved by the proceedings dated 28.11.2024 in CMP No. 8164/2024 on the file of the Judicial First Class Magistrate Court-III, Thrissur. The petitioner is the complainant in CMP No. 8164/2024. According to the petitioner, he is a 69 year old illiterate person. He was defrauded and misrepresented by the accused in making him believe that he was affixing his sign

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