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2025 Supreme(Online)(Ker) 52191

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


Advocates:
For the Appellants/Petitioners: SRI.T.K.BIJU
For the Respondents: SMT.SEETHA S, SR.PP

O R D E R

Dated this the 19th day of November, 2025 The petitioner is the 2nd accused in C.C.No.1922/2018 on the file of the Court of the Judicial First Class Magistrate, Thiruvalla (for short, ‘Trial Court’) which has been arisen from Crime No.2159/2016 registered by the Thiruvalla Police Station, alleging the commission of offences punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code .

2. The prosecution allegation, in essence, is that;

the accused persons, in furtherance of their common intention to cheat the defacto complainant (3rd respondent) had received Rs.8,80,000/- for investment purposes. However, the accused persons failed to give her any returns and refused to return the capital. Thus, the accused have committed the above offences.

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 First Information Report and Annexure A2 Final Report are taken on their face value, the same will not constitute the offences charged against the petitioner. The petitioner was not a Director of the Company named ‘Infinity Realcon

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