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2018 Supreme(Online)(KER) 11456

HIGH COURT OF KERALA
B.KEMAL PASHA, J
SAJIKUMAR – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.R.T.PRADEEP, SRI.A.ABDUL RASHEED

O R D E R

~ ~ ~ ~ ~ ~

Petitioner is the 2nd accused in CC.934/2015 of the Judicial First Class Magistrate's Court-I, Nedumangad, based on Annexure-II final report in Crime No.1143/2012 of Aryanad Police Station, for the offences under Sections 420 , 406, 468 and 471 read with Section 34 IPC .

2. In the final report, it is alleged that the 1st accused, who is the father-in-law of the petitioner, along with the petitioner, availed a loan of ₹4 lakhs from the Thiruvananthapuram District Co-operative Bank, Vellanad Branch, by creating an equitable mortgage in respect of the property belonged to the 1st accused. It is also alleged that the accused had manipulated records and committed falsification in some records and made an entry in those documents that the property is landed property by scoring Crl.M.C.718/2018 off the terms 'reclaimed paddy field'. It is alleged that the 1st accused had created a sale deed in respect of the property in favourof the 2nd accused.

3. On going through the records, it has come out that there was no participation of the petitioner in the said transaction. It was only an equitable mortgage by deposit of title deeds. In such case, it will not result in an ent

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