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2025 Supreme(Online)(Ker) 46596

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
RAZIYA FAZAL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.BOBBY RAPHEAL, SRI.E.C.POULOSE
For the Respondents: SMT S SEETHA(SR.PP)

ORDER

This Criminal Revision Petition is filed against the order dated 22.12.2023 in CMP No.2838/2023 in CC No.798/2018 of the Judicial First Class Magistrate Court-II, Aluva. It is an application filed by the petitioners for discharge under Section

239 Cr.P.C.

2. The prosecution case is that, the accused, based on an agreement, obtained Rs.7,00,000/- from the defacto complainant/ 2nd respondent by promising him to lease the house owned by the 1st accused for 11 months for his residence purpose, and thereafter withdrawn from the promise and hence the case.

3. According to the petitioners, no offence is made out and therefore they filed CMP No.2838/2023 for discharge. The same is dismissed as per the impugned order. Aggrieved by the same, this revision petition is filed.

4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.

5. The admitted prosecution case is that, the accused based on the agreement, obtained Rs.7 lakhs from the defacto complainant by promising him to lease the house owned by the 1st accused for 11 months for his residence purpose and thereafter withdrawn from the promise. Hence it is alleged that the accused committed the offence.

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