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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
BINEESH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MANSOOR ALI
For the Respondents: PP SRI M P PRASANTH

O R D E R Dated this the 24th day of October, 2025 The petitioner is the 2nd accused in C.C.No.79/2019 on the file of the Court of the Judicial First-Class Magistrate – I, Thrissur, which arises out of Crime No.405/2014 registered by the Cherpu Police Station, as against the accused persons for allegedly committing the offence punishable under Section 420 r/w Section 34 of the Indian Penal Code .

2. The crux of the prosecution case, is that, the accused persons, in furtherance of their common intention to cheat the de facto complainant (3rd respondent), had taken away his car and refused to return the same. Thus, the accused have committed the above offence.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned Counsel for the petitioner submits that, even if the allegations in Annexure A1 FIR and Annexure A2 final report are taken on its face value, the same will not attract the offence charged against the petitioner. The dispute between the accused persons and the 3rd respondent is purely civil in nature. Even going by the allegations in Annexures A1 and A2, it is evident that the 1st accused is the one who took away the car of th

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