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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SUMA G.P – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations regarding pecuniary fraud involved. (Para 1 , 2) |
| 2. defence arguments and prosecution counterarguments presented. (Para 4 , 5) |
| 3. inherent powers must be exercised with caution to prevent miscarriage of justice. (Para 6 , 7 , 8 , 9) |
| 4. petition dismissed; contention rights retained. (Para 10) |
C.S.DIAS, J.
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Crl.M.C. No. 10061 OF 2025 -----------------------------------------
Dated this the 7th day of November, 2025 ORDER The petitioners are the accused 1 and 2 in Crime No.611/2025 registered by the Karamana Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 316 (2), 318(2) and 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita , 2023 (‘ BNS ’, in short).
2. The crux of the prosecution case is that, the petitioners, with a common intention to cheat the defacto complaint (2nd respondent), had received an amount of Rs.30/- lakh from him on the assurance of redeeming 420 grams of gold ornaments that were pledged with a financial institution. On believing the words of the petitioners, the 2nd respondent paid Rs.30/- lakh for redeeming the gold ornaments. However, the petiti
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