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2026 Supreme(Online)(Ker) 23963

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


Advocates:
For the Appellants/Petitioners: SMT.SONA MARIA BIJU, SRI.P.VIJAYA BHANU (SR.), SRI.P.M.RAFIQ, SRI.AJEESH K.SASI, SRUTHY N. BHAT, SMT.SRUTHY K.K, SHRI.K.ARAVIND MENON
For the Respondents: PP.SRI.M.P.PRASANTH

Table of Content
1. allegations in fir and final report. (Para 1 , 2 , 3)
2. court's observations on evidence. (Para 4 , 8 , 9 , 10)
3. arguments on legal sufficiency. (Para 5 , 6)
4. court's final conclusion and decision. (Para 11)

ORDER

The petitioner is the 2nd accused in C.C.No.325/2023 on the file of the Court of Judicial First Class Magistrate – III, North Paravur (the Trial Court), which was originated from Crime No.8/2022 registered with the Puthenvelikkara Police Station, Ernakulam alleging the commission of offences punishable under Sections 409 , 420, 468, 201 read with Section 34 of the IPC .

2. The petitioner has filed this Criminal Miscellaneous Case on the assertion that even if the allegations in Annexure A1 FIR and Annexure A2 Final Report are taken on their face value, the same would not attract the offences alleged against the petitioner.

3. The prosecution Case, in brief, is that the petitioner, who is the Secretary of the Thuruthipuram Service Co- operative Bank, along with the 1st accused, who was the President of the Bank, in furtherance of their common intention, had created forged vouchers and documents against the bye- laws and rules of the Bank, and cheated t

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