CRL.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V. Kunhikrishnan
Judgment Date: 2023-11-13
Court Decision / Holding: The Criminal Misc. Cases are allowed. Cognizance orders related to the protest complaints are set aside, and the Chief Judicial Magistrate Courts are directed to reconsider the protest complaints in light of the Parameswaran Nair principle and the refer reports, ensuring lawfulness and fairness at the cognizance stage.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

SUKUMARAN M.G.

Respondents

SUBSCRIBERS KURIES PRIVATE LIMITED
STATE OF KERALA

Legal Representation & Advocates

Counsels for Petitioners

• M. Sasindran
• Satheeshan Alakkadan

Counsels for Respondents

• Renjith T.R., PP
• Hrithwik C.S., PP

Case Synopsis & Summary

Six Criminal Misc. Cases (CRL.M.C Nos. 1291, 1612, 1680, 1785, 2166 and 2208 of 2022) are heard together by a Kerala High Court single judge (P. V. Kunhikrishnan, J.). The petitioners, Sukumaran M.G., challenged the orders taking cognizance on protest complaints filed by the first respondent against him in relation to six separate cases arising from actions by the Thrissur Town West Police Station. Each protest complaint was filed after police investigation and a refer report, but the Magistrate reportedly did not consider the refer reports while taking cognizance. The petitioner relied on Parameswaran Nair v. Surendran and Another to argue that the final report cannot be accepted without considering the refer report and that cognizance must be set aside if there is manifest error or if new facts emerge. The Court held that cognizance orders were improper for not taking into account the refer reports and the referential material. Consequently, the Court set aside the cognizance orders and directed the Chief Judicial Magistrate Courts to reconsider the protest complaints in light of the Parameswaran Nair principle, thereby ensuring proper appraisal of both refer reports and protest complaints before proceeding further. The orders pertain to CMP Nos. 6527/2018, 5894/2018, 5895/2018, 6526/2018, 6917/2018, and 6941/2018 in RC Nos. 30, 38, 36, 31, 37, and 27 respectively.

Legal Doctrines & Maxims

Parameswaran Nair v. Surendran and Another, 2009 (1) KHC 801 – principle that the Magistrate must consider the refer report along with a protest/complaint while taking cognizance; a second complaint may be entertained only for manifest error or new facts – used to direct reconsideration of protest complaints in light of the refer report

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the protest complaints were filed following police investigation and refer reports, but the Magistrate did not consider the refer reports while taking cognizance. Relying on Parameswaran Nair v. Surendran, they argue that the final report cannot be accepted in isolation; cognizance must be set aside if there is manifest error or if new facts were not available earlier. The petitions seek setting aside cognizance and directing the trial court to reconsider the protest complaints in light of the refer reports and the established principle in Parameswaran Nair’s case.

Contentions of Respondents

The respondents submit that protest complaints were properly filed and cognizance should not be undermined; they contend that refer reports are part of the record and should be weighed within the proper legal framework at the relevant stage, but written arguments inside the order do not detail their precise submissions. The Court, however, relies on the rule invoked by the petitioners to revisit cognizance and to evaluate refer reports in relation to the protest complaints.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Parameswaran Nair v. Surendran and Another	2009 (1) KHC 801	Positive	Court relied on the principle from Parameswaran Nair to direct reconsideration of protest complaints after taking cognizance without considering refer reports.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ``` CRL.MC NO. 2208 OF 2022 ``` ``` AGAINST THE ORDER/JUDGMENT CMP 6941/2018 OF CHIEF JUDICIAL ``` ## **`MAGISTRATE ,THRISSUR`** ``` CC 55/2021 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR ``` ## **`PETITIONER/S:`** ``` SUKUMARAN M.G, AGED 69 YEARS SON OF GOPALAN, MALAYIL HOUSE, OLARIKKADA, PULLAZHI P.O, ARANATTUKKARA VILLAGE, THRISSUR DISTRICT., PIN - 680012 BY ADV M.SASINDRAN ``` ## **`RESPONDENT/S:`** ``` 1SUBSCRIBERS KURIES PRIVATE LIMITED, PRESIDENCY COMPLEX, PARAYIL LANE, POOTHOLE, THRISSUR - 680 004, REPRESENTED BY ITS PRESENT CHAIRMAN, N.PRAKASH, AGED 49 YEARS, S/O.NARAYANAN FLAT NO. E2, ATHULYA PARK, P.O.POONTHOLE, THRISSUR, PIN - 680004 2STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI. RENJITH T.R., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH Crl.MC.1291/2022, 1612/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -2- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 CRL.MC NO. 1291 OF 2022 ``` ``` CRIME NO.212/2018 OF Town West Police Station, Thrissur AGAINST THE ORDER/JUDGMENT CMP 6527/2018 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR ``` ## **`PETITIONER/S:`** ``` SUKUMARAN M.G, AGED 69 YEARS MALAYIL HOUSE,OLARIKKADA,PULLAZHI P.O,ARANATTUKKARA, VILLAGE, THRISSUR DISTRICT., PIN - 680012 BY ADVS. M.SASINDRAN SATHEESHAN ALAKKADAN ``` ## **`RESPONDENT/S:`** ``` 1SUBSCRIBERS KURIES PRESIDENCY COMPLEX,PARAYIL LANE,POOTHOLE, THRISSUR,4, PIN - 680004 2STATE OF KERALA STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI. HRITHWIK C.S., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH Crl.MC.2208/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -3- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 CRL.MC NO. 1612 OF 2022 ``` ``` CRIME NO.236/2018 OF Town West Police Station, Thrissur AGAINST THE ORDER/JUDGMENT CC 50/2021 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR ``` ## **`PETITIONER/S:`** ``` SUKUMARAN M.G, AGED 69 YEARS S/O.GOPALAN, MALAYIL HOUSE, OLARIKKADA, PULLAZHI P.O, ARANATTUKKARA VILLAGE, THRISSUR DISTRICT., PIN - 680012 ``` ``` BY ADV M.SASINDRAN ``` ## **`RESPONDENT/S:`** ``` 1SUBSCRIBERS KURIES PRIVATE LIMITED PRESIDENCY COMPLEX, PARAYIL LANE, POOTHOLE, THRISSUR - 680 004 REPRESENTED BY ITS PRESENT CHAIRMAN N.PRAKASH, AGED 49 YEARS, S/O.NARAYANAN FLAT NO. E2, ATHULYA PARK, P.O.POONTHOLE, THRISSUR, PIN - 680004 2STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI. RENJITH T.R., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH Crl.MC.2208/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -4- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 CRL.MC NO. 1680 OF 2022 ``` ``` CRIME NO.234/2018 OF Town West Police Station, Thrissur AGAINST THE ORDER/JUDGMENT CMP 5895/2018 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR ``` ``` RC 36/2018 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR ``` ## **`PETITIONER/S:`** ``` SUKUMARAN M.G, AGED 69 YEARS S/O. GOPALAN, MALAYIL HOUSE, OLARIKKADA, PULLAZHI P.O, ARANATTUKKARA VILLAGE, THRISSUR DISTRICT., PIN - 680012 BY ADVS. M.SASINDRAN SATHEESHAN ALAKKADAN ``` ## **`RESPONDENT/S:`** ``` 1SUBSCRIBERS KURIES PRIVATE LIMITED, PRESIDENCY COMPLEX, PARAYIL LANE, POOTHOLE, THRISSUR - 680 004, REPRESENTED BY ITS PRESENT CHAIRMAN, N.PRAKASH, AGED 49 YEARS, S/O.NARAYANAN FLAT NO. E2, ATHULYA PARK, P.O.POONTHOLE,, PIN - 680004 2STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI. RENJITH T.R., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH Crl.MC.2208/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -5- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 CRL.MC NO. 1785 OF 2022 ``` ``` CRIME NO.213/2018 OF Town West Police Station, Thrissur AGAINST THE ORDER/JUDGMENT CMP 6526/2018 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR ``` ``` RC 31/2018 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR ``` ## **`PETITIONER/S:`** ``` SUKUMARAN M.G, AGED 69 YEARS S/O. GOPALAN, MALAYIL HOUSE, OLARIKKADA, PULLAZHI P.O, ARANATTUKKARA VILLAGE, THRISSUR DISTRICT., PIN - 680012 BY ADVS. M.SASINDRAN SATHEESHAN ALAKKADAN ``` ## **`RESPONDENT/S:`** ``` 1SUBSCRIBERS KURIES PRIVATE LIMITED, PRESIDENCY COMPLEX, PARAYIL LANE, POOTHOLE, THRISSUR - 680 004, REPRESENTED BY ITS PRESENT CHAIRMAN, N.PRAKASH, AGED 49 YEARS, S/O.NARAYANAN FLAT NO. E2, ATHULYA PARK, P.O.POONTHOLE, THRISSUR, PIN - 680004 2STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI. HRITHWIK C.S., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH Crl.MC.2208/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -6- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 CRL.MC NO. 2166 OF 2022 ``` ``` AGAINST THE ORDER/JUDGMENT CMP 6917/2018 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR ``` ``` CC 54/2021 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR ``` ## **`PETITIONER/S:`** ``` SUKUMARAN M.G, AGED 69 YEARS SON OF GOPALAN, MALAYIL HOUSE, OLARIKKADA, PULLAZHI P.O, ARANATTUKKARA VILLAGE, THRISSUR DISTRICT., PIN - 680012 ``` ``` BY ADVS. M.SASINDRAN SATHEESHAN ALAKKADAN ``` ## **`RESPONDENT/S:`** ``` 1SUBSCRIBERS KURIES PRIVATE LIMITED PRESIDENCY COMPLEX, PARAYIL LANE, POOTHOLE, THRISSUR - 680 004, REPRESENTED BY ITS PRESENT CHAIRMAN, N.PRAKASH, AGED 49 YEARS, S/O.NARAYANAN FLAT NO. E2, ATHULYA PARK, P.O.POONTHOLE, THRISSUR, PIN - 680004 ``` ``` 2STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI. RENJITH T.R., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH Crl.MC.2208/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -7- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ============================================================= Dated this the 13[th] day of November, 2023 ## **ORDER** In these Crl.M.Cs, the petitioner is one and the same. The petitioner is challenging the order taking cognizance based on a protest complaint. 2. The allegation against the petitioner is that after bidding the Chitty, insufficient security and fixed deposit receipts were produced by the petitioner. Accordingly, different complaints were filed against the petitioner. Thereafter, crimes were registered by the Town West Police Station, Thrissur, against the petitioner and his wife. The police, after investigation, submitted a refer report. Thereafter, a protest complaint was filed by the 1[st] respondent in these cases. The protest complaint was taken on file by the learned Magistrate without considering the refer report submitted by the police, is the main grievance. Aggrieved by the same, these Crl.M.Cs are filed. -8- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 3. The main point raised by the petitioner is that even though police investigated the case and submitted a refer report, the court has not looked into the same while considering the protest complaint. The petitioner relied on the judgment of this Court in **Parameswaran Nair v. Surendran and Another [2009 (1) KHC 801]** . The relevant paragraph of the above judgment is extracted hereunder: _“16. If Magistrate finds that in spite of all the objections raised, the final report is to be accepted he can accept it and drop the proceeding. At that stage Magistrate can entertain a second complaint. But such a complaint will lie only if there was manifest error or manifest miscarriage of justice or new facts which the complainant had no knowledge of or with reasonable diligence could not have brought forward in the previous proceedings. The Magistrate cannot therefore ignore the final report altogether and consider only the protest complaint and the sworn statement of the witnesses record in that enquiry.”_ 4. In the light of the above judgment, I am of the considered opinion that the trial court has not considered the refer report while taking cognizance against the petitioner, in these cases. Therefore, these Crl.M.Cs are only to be disposed of setting aside the said order taking cognizance and also directing the Court below to do the -9- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 needful in accordance with law, in the protest complaint, in the light of the observation in **Parameswaran Nair’s case(supra)** . Therefore, these Crl.M.Cs are disposed of. Crl.M.C No.1291 of 2022 is allowed, setting aside Annexure 5 order in CMP No.6527 of 2018 in RC No.30 of 2018 on the file of the Chief Judicial Magistrate Court, Thrissur. The Chief Judicial Magistrate Court, Thrissur, is directed to reconsider the protest complaint in the light of the principle laid down by this Court in **Parameswaran Nair’s case(supra)** . Crl.M.C No.1612 of 2022 is allowed, setting aside Annexure AV order in CMP No.5894 of 2018 in RC No.38 of 2018 on the file of the Chief Judicial Magistrate Court, Thrissur. The Chief Judicial Magistrate Court, Thrissur, is directed to reconsider the protest complaint in the light of the principle laid down by this Court in **Parameswaran Nair’s case(supra)** . Crl.M.C No.1680 of 2022 is allowed, setting aside Annexure AV order in CMP No.5895 of 2018 in RC No.36 of 2018 on the file of the Chief Judicial Magistrate Court, Thrissur. The Chief Judicial Magistrate Court, Thrissur, is directed to -10Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 reconsider the protest complaint in the light of the principle laid down by this Court in **Parameswaran Nair’s case(supra)** . Crl.M.C No.1785 of 2022 is allowed, setting aside Annexure AV order in CMP No.6526 of 2018 in RC No.31 of 2018 on the file of the Chief Judicial Magistrate Court, Thrissur. The Chief Judicial Magistrate Court, Thrissur, is directed to reconsider the protest complaint in the light of the principle laid down by this Court in **Parameswaran Nair’s case(supra)** . Crl.M.C No.2166 of 2022 is allowed, setting aside Annexure AV order in CMP No.6917 of 2018 in RC No.37 of 2018 on the file of the Chief Judicial Magistrate Court, Thrissur. The Chief Judicial Magistrate Court, Thrissur, is directed to reconsider the protest complaint in the light of the principle laid down by this Court in **Parameswaran Nair’s case(supra)** . Crl.M.C No.2208 of 2022 is allowed, setting aside Annexure AV order in CMP No.6941 of 2018 in RC No.27 of 2018 on the file of the Chief Judicial Magistrate Court, Thrissur. The Chief Judicial Magistrate Court, Thrissur, is directed to reconsider the protest complaint in the light of the principle -11- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 laid down by this Court in **Parameswaran Nair’s case(supra)** . sd/- **P.V.KUNHIKRISHNAN JUDGE** das -12- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`APPENDIX OF CRL.MC 1291/2022`** ## `PETITIONER ANNEXURES` - `Annexure1 A TRUE COPY OF THE COMPLAINT LODGED BY THE FIRST RESPONDENT AND NUMBERED AS C.M.P. 1581 OF 2018 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT THRISSUR.` - `Annexure2 A TRUE COPY OF THE REPORT DATED 31-052018 SUBMITTED BY THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION IN CRIME NO.212 OF 2018 OF THRISSUR WEST POLICE STATION.` - `Annexure3 A TRUE COPY OF THE PROTEST COMPLAINT NO.6527 OF 2018 IN R.C.NO.30 OF 2018 DATED 15-09-2018 FILED BY THE FIRST RESPONDENT HEREIN IN CRIME NO. 212 OF 2018 OF THRISSUR WEST POLICE STATION.` - `Annexure4 A TRUE COPY OF THE SWORN STATEMENT OF PRAKASAN IN R.C.NO.30 OF 2018 IN CRIME NO.212 OF 2018 OF THRISSUR WEST POLICE STATION.` - `Annexure5 A TRUE COPY OF THE ORDER DATED 16-032021 IN C.M.P.NO. 6527 OF 2018 IN R.C.NO.30 OF 2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE, THRISSUR.` - `Annexure6 A TRUE COPY OF THE FD RECEIPT FURNISHED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.` - `Annexure7 A TRUE COPY OF THE SHARE PARTICULARS OF THE PETITIONER IN HOMFIT FINANCING AND LEASING COMPANY PVT. LTD.` - `Annexure8 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 15-07-2010 ISSUED IN FAVOUR OF HOMFIT FINANCE AND LEASING COMPANY PRIVATE LTD` -13- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`APPENDIX OF CRL.MC 1612/2022`** ``` PETITIONER ANNEXURES ``` - `AnnexureA1 A TRUE COPY OF THE COMPLAINT LODGED BY THE FIRST RESPONDENT AND NUMBERED AS C.M.P.NO.1778 OF 2018 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IS PRODUCED HEREWITH AND MARKED AS` - `Annexure AII CERTIFED COPY OF THE REPORT DATED 31.05.2018 SUBMITTED BY THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION IN CRIME NO.236 OF 2018 OF THRISSUR WEST POLICE STATION IS PRODUCED HEREWITH AND MARKED AS` ``` AnnexureAIIICERTIFED COPY OF THE PROTEST COMPLAINT AS CMP.NO.5894/2018 IN R.C.NO.38 OF 2018 DATED 19.09.2018 FILED BY THE FIRST RESPONDENT HEREIN IN CRIME NO.236 OF 2018 OF THRISSUR WEST POLICE STATION IS PRODUCED HEREWITH AND MARKED AS Annexure AIVCERTIFIED COPY OF THE SWORN STATEMENT OF THE ABOVE SAID PRAKASAN IN R.C.NO.38/2018 IN CMP.NO.5894/2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IS PRODUCED HEREWITH AND MARKED AS Annexure AVCERTIFIED COPY OF THE ORDER DATED 16-03- 2021 IN C.M.P.NO.5894/2018 IN R.C.NO.38 OF 2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE, THRISSUR IS PRODUCED HEREWITH AND MARKED Annexur AVIA TRUE COPY OF THE FD RECEIPT DATED 11.09.2010 FURNISHED BY THE PETITIONER BEFORE THE FIRST RESPONDENT IS PRODUCED HEREWITH AND MARKED AS Annexure AVIIA TRUE COPY OF THE SHARE PARTICULARS OF THE PETITIONER IN HOMFIT FINANCING AND LEASING COMPANY PVT. LTD. IS PRODUCED HEREWITH AND MARKED AS Annexure AVIIIA TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 15-07-2010 ISSUED IN FAVOUR OF HOMFIT FINANCE AND LEASING COMPANY PRIVATE LTD. IS PRODUCED HEREWITH AND MARKED AS ``` -14- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`APPENDIX OF CRL.MC 1680/2022`** ``` PETITIONER ANNEXURES AnnexureA1CERTIFIED COPY OF THE COMPLAINT LODGED BY THE FIRST RESPONDENT AND NUMBERED AS C.M.P.NO.1773 OF 2018 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IS PRODUCED HEREWITH AND MARKED AS AnnexureAIICERTIFIED COPY OF THE REPORT DATED 31-05- 2018 SUBMITTED BY THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION IN CRIME NO.234 OF 2018 OF THRISSUR WEST POLICE STATION IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AIIICERTIFIED COPY OF THE PROTEST COMPLAINT NO.5895 OF 2018 IN R.C.NO.36 OF 2018 DATED 19.09.2018 FILED BY THE FIRST RESPONDENT HEREIN IN CRIME NO. 234 OF 2018 OF THRISSUR WEST POLICE STATION IS PRODUCED HEREWITH AND MARKED AS Annexure AIVCOPY OF THE SWORN STATEMENT OF THE ABOVE SAID PRAKASAN IN R.C.NO.36/2018 IN CMP.NO.5895/2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IS PRODUCED HEREWITH AND MARKED AS Annexure AVCERTIFIED COPY OF THE ORDER DATED 16-03- 2021 IN C.M.P.NO.5895/2018 IN R.C NO.36 OF 2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE, THRISSUR IS PRODUCED HEREWITH AND MARKED AS Annexure AVIA TRUE COPY OF THE FD RECEIPT DATED 11.09.2010 FURNISHED BY THE PETITIONER BEFORE THE FIRST RESPONDENT IS PRODUCED HEREWITH AND MARKED AS Annexure AVIIA TRUE COPY OF THE SHARE PARTICULARS OF THE PETITIONER IN HOMFIT FINANCING AND LEASING COMPANY PVT. LTD. IS PRODUCED HEREWITH AND MARKED AS Annexure AVIIIA TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 15-07-2010 ISSUED IN FAVOUR OF HOMFIT FINANCE AND LEASING COMPANY PRIVATE LTD. IS PRODUCED HEREWITH AND MARKED AS ``` -15- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`APPENDIX OF CRL.MC 1785/2022`** ``` PETITIONER ANNEXURES ``` ``` AnnexureAICERTIFIED COPY OF THE COMPLAINT LODGED BY THE FIRST RESPONDENT AND NUMBERED AS C.M.P.NO.1598 OF 2018 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IS PRODUCED HEREWITH AND MARKED AS Annexure AIICERTIFIED COPY OF THE REPORT DATED 31-05- 2018 SUBMITTED BY THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION IN CRIME NO.213 OF 2018 OF THRISSUR WEST POLICE STATION IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AIIICERTIFIED COPY OF THE PROTEST COMPLAINT AS CMP.NO.6526/2018 IN R.C.NO.31 OF 2018 DATED 15.09.2018 FILED BY THE FIRST RESPONDENT HEREIN IN CRIME NO.213 OF 2018 OF THRISSUR WEST POLICE STATION IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AIVCERTIFIED COPY OF THE SWORN STATEMENT OF THE ABOVE SAID PRAKASAN IN R.C.NO.31/2018 IN CMP.NO.6526/2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AVCERTIFIED COPY OF THE ORDER DATED 16-03- 2021 IN C.M.P.NO.6526/2018 IN R.C.NO.31 OF 2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE, THRISSUR IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AVIA TRUE COPY OF THE FD RECEIPT DATED 11.09.2010 FURNISHED BY THE PETITIONER BEFORE THE FIRST RESPONDENT IS PRODUCED HEREWITH AND MARKED AS Annexure AVII/-. A TRUE COPY OF THE SHARE PARTICULARS OF THE PETITIONER IN HOMFIT FINANCING AND LEASING COMPANY PVT. LTD. IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AVIIIA TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 15-07-2010 ISSUED IN FAVOUR OF HOMFIT FINANCE AND LEASING COMPANY PRIVATE LTD. IS PRODUCED HEREWITH AND MARKED AS ``` -16- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`APPENDIX OF CRL.MC 2166/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure AICERTIFIED COPY OF THE COMPLAINT LODGED BY THE FIRST RESPONDENT AND NUMBERED AS C.M.P.NO.1777 OF 2018 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AIICERTIFIED COPY OF THE REPORT DATED 31.5.2018 SUBMITTED BY THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION IN CRIME NO.235 OF 2018 OF THRISSUR WEST POLICE STATION IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AIIICERTIFIED COPY OF THE PROTEST COMPLAINT AS CMP.NO.6917/2018 IN R.C.NO.37 OF 2018 DATED 19.09.2018 FILED BY THE FIRST RESPONDENT HEREIN IN CRIME NO.235 OF 2018 OF THRISSUR WEST POLICE STATION IS PRODUCED HEREWITH AND MARKED AS ``` - `Annexure AIV CERTIFIED COPY OF THE SWORN STATEMENT OF THE ABOVE SAID PRAKASAN IN R.C.NO.37/2018 IN CMP.NO.6917/2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IS PRODUCED HEREWITH AND MARKED` ``` Annexure AVCERTIFIED COPY OF THE ORDER DATED 16-03- 2021 IN C.M.P.NO.6917/2018 IN R.C NO.37 OF 2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE, THRISSUR IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AVIA TRUE COPY OF THE FD RECEIPT DATED 22.09.2010 FURNISHED BY THE PETITIONER BEFORE THE FIRST RESPONDENT IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AVIIA TRUE COPY OF THE SHARE PARTICULARS OF THE PETITIONER IN HOMFIT FINANCING AND LEASING COMPANY PVT. LTD. IS PRODUCED HEREWITH AND MARKED AS ``` ``` Annexure AVIIITRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 15-07-2010 ISSUED IN FAVOUR OF HOMFIT FINANCE AND LEASING COMPANY PRIVATE LTD. IS PRODUCED HEREWITH AND MARKED AS ``` -17- Crl.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022 ## **`APPENDIX OF CRL.MC 2208/2022`** ## `PETITIONER ANNEXURES` - `Annexure AI . CERTIFIED COPY OF THE COMPLAINT LODGED BY THE FIRST RESPONDENT AND NUMBERED AS C.M.P.NO.6279 OF 2018 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IS PRODUCED` - `Annexure AII CERTIFIED COPY OF THE REPORT DATED 30.06.2018 SUBMITTED BY THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION IN CRIME NO.1474 OF 2017 OF THRISSUR WEST POLICE STATION IS PRODUCED` - `Annexure AIII CERTIFIED COPY OF THE PROTEST COMPLAINT AS CMP.NO.6941/2018 IN R.C.NO.27 OF 2018 DATED 29.09.2018 FILED BY THE FIRST RESPONDENT HEREIN IN CRIME NO.1417 OF 2017 OF THRISSUR WEST POLICE STATION IS PRODUCED` - `Annexure AIV CERTIFIED COPY OF THE SWORN STATEMENT OF THE ABOVE SAID PRAKASAN IN R.C.NO.27/2018 IN CMP.NO.6941/2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IS PRODUCED` - `Annexure AV CERTIFIED COPY OF THE ORDER DATED 1603-2021 IN CRL.M.P.NO.6941/2018 IN R.C.NO.27/2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE, THRISSUR IS PRODUCED` - `Annexure AVI A TRUE COPY OF THE SHARE PARTICULARS OF THE PETITIONER IN HOMFIT FINANCING AND LEASING COMPANY PVT. LTD. IS PRODUCED` - `Annexure AVII A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 15-07-2010 ISSUED IN FAVOUR OF HOMFIT FINANCE AND LEASING COMPANY PRIVATE LTD. IS PRODUCED`