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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
M.R.SOMARAJAN,T.S.LAKSHMIDEVI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations concerning conspiracy and deceit in property transactions. (Para 1 , 2) |
| 2. contentions regarding the nature of the allegations and procedural timelines. (Para 4) |
| 3. legal principles governing the quashing of complaints and inherent court powers. (Para 8 , 9 , 10) |
| 4. resulting dismissal of the petition with guidance for trial court discretion. (Para 12) |
O R D E R
The petitioners are accused Nos.2 and 3 in C.C.No.357 of 2018 on the file of the Court of the Judicial Magistrate of First Class-II, Kanjirappally, which has arisen from Crime No.362 of 2017 registered by the Ponkunnam Police Station, Kottayam, alleging commission of the offences punishable under Sections 417, 418 and 120B of the Indian Penal Code .
2. The crux of the prosecution case is that, the accused persons had hatched a conspiracy to cheat CW2 and make unlawful gain for themselves. Accordingly, they sold a property having an extent of 17 Ares comprised in Re-survey No.92/1/1 in Kanjirappally Village in Kottayam District with a residential building for Rs.36 lakh, by suppressing the fact that the property was mortgaged to the State Bank of India, Kottayam Branch. After the sale, the Bank in
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