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2025 Supreme(Online)(Ker) 50824

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
ASHARAF ALI K S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.RANJITH NARAYANAN, SRI.T.SHAJITH, SMT.A.SIMI
For the Respondents:Senior Advocate Joseph Kodianthara, Adv.Anoop V.Nair, Public Prosecutor Adv.Ajith Murali

Table of Content
1. petitioners accused of forgery in partnership. (Para 1 , 2)
2. arguments presented on complaint's validity. (Para 3)
3. absence of affidavit undermines the complaint's legibility. (Para 4 , 5)
4. proceedings quashed due to procedural flaws. (Para 6)

ORDER

Petitioners are accused Nos.1 and 2 in Crime No.392 of

2023 registered at the Panniankara Police Station for offences punishable under Sections 420, 463, 464, 467, 468, 470 and 474 read with 34 of IPC. The crime originated from Annexure 11 complaint filed by the 2nd respondent before the Judicial First Class Magistrate-V, Kozhikode and forwarded to the police for investigation under Section 156(3) of Cr.P.C. The allegations in the complaint are to the following effect;

The 2nd respondent and the 1st accused are conducting textile business on partnership basis. To that end, a partnership deed was entered into between the 1st accused, the 2nd respondent and the owners of the shop rooms from which the textile business is being conducted. The arrangement was that the day-to-day affairs of the partnership will be handled by the 1st accused and the 2nd respondent will look after the purchase of textile items. Later, with in

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