High Court of KeralaSingle Judge2024-02-07Revision petitions dismissed; discharge petitio...

Rohit P.R. v. State of Kerala

Case / Petition Number:CRL.REV.PET NO. 784 OF 2022 (and connected matters: CRL.R.P Nos. 787/2022, 791/2022, 794/2022, 797/2022, 815/2022, 817/2022, 823/2022)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. Somarajan
Judgment Date: 2024-02-07
Court Decision / Holding: Revision petitions dismissed. The court held that there is prima facie evidence and a ground to presume commission of the offences; roving enquiry at the discharge stage was not required. The discharges were correctly refused, and the matter should proceed to trial on the available materials.
Final Disposition: Revision petitions dismissed; discharge petitions refused; prima facie case found; matter to proceed to trial.

Parties to the Case

Appellants / Petitioners

Rohit P.R.

Respondents

State of Kerala
Addl.R2 Narayanan
Addl.R2 Siddique
Addl.R2 Sivaram A.
Addl.R2 Mohandas K.V.
Addl.R2 Bhuvaneswary
Addl.R2 Ramachandran Nair
Addl.R2 Krishnankutty

Legal Representation & Advocates

Counsels for Petitioners

• S. Rajeev
• Prerith Philip Joseph
• V. Vinay
• M. S. Aneer
• Sarath K.P.
• Anil Kumar C.R.

Counsels for Respondents

• Public Prosecutor Sri Sangeetharaj N.R.
• Public Prosecutor Sri C.N. Prabhakaran
• Addl.R2 Narayanan
• Addl.R2 Siddique
• Addl.R2 Sivaraman A.
• Addl.R2 Mohandas K.V.
• Addl.R2 Bhuvaneswary
• Addl.R2 Ramachandran Nair
• Addl.R2 Krishnankutty

Case Synopsis & Summary

Nine connected criminal revision petitions filed by Rohit P.R. challenge discharge orders in nine cases under IPC sections 406, 409 and 420 read with 34, arising from Pattambi Police Station crimes, pending before the Judicial Magistrate of First Class, Pattambi. The petitioner, Rohit P.R., is alleged to be the manager of a chit fund company that undertook public deposits with the promise of higher profits, and a large number of deposits were received and deposited in the company. In all nine cases, the trial court discharged the accused, prompting these revisions. The core issue is whether there exists at least a prima facie case to proceed to trial and whether a roving enquiry is required at the discharge stage. The Court cites the principle that a roving enquiry is not mandatory at the discharge stage so long as there is a prima facie case; it relies on Pushpendra Kumar Sinha v. State of Jharkhand (2022 KHC 6839) to support this position. The Court finds that there is prima facie evidence and a ground to presume commission of offences, leaving the matter to be decided on evidence in trial. Consequently, the revision petitions are dismissed. The judgment emphasizes that while the final determination of guilt rests on trial evidence, the discharge orders were correctly refused. The outcome reinforces the distinction between discharge and trial and clarifies the limited scope of roving inquiry at the discharge stage.

Provisions of Law Cited

Section 406 IPCSection 409 IPCSection 420 r/w Section 34 IPCSection 34 IPCSection 239 CrPC

Legal Doctrines & Maxims

Prima facie case doctrine
Roving enquiry not necessary at discharge stage

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that discharge at the trial court level should be maintained unless there is a prima facie case supported by credible material. They assert that the Court should not engage in a roving inquiry at the discharge stage and that a mere suspicion or conjecture cannot sustain the denial of discharge. The materials before the Court—final reports and 161 statements—do not necessarily establish an unequivocal prima facie case; the burden is on the prosecution to present a substantiated case beyond reasonable doubt only during trial. The remedy of a discharge should be granted where the materials fail to produce a prima facie case, not merely because the evidence is weak or incomplete. The revision petitions seek quashing of discharge orders, and the petitioners urge that the proceedings should be halted if prima facie evidence is not established.

Contentions of Respondents

The State contends that there is a prima facie case against the accused, evidenced by the final reports and the 161 statements, and that a manager of a chit fund company who collected deposits is likely to be culpable for offences under sections 406, 409 and 420 IPC read with section 34. The State relies on the principle that if a prima facie case exists, discharge should be refused and the case should proceed to trial to test the evidence. It argues that discharge is not warranted given the gravity of the alleged offences, the role of the accused as a manager, and the likelihood of misappropriation of public deposits. The respondents highlight that the roving enquiry is not required at the discharge stage when prima facie evidence shows a reasonable basis for proceeding, and that the prosecution’s documentary evidence, including 161 statements, supports the charges.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Pushpendra Kumar Sinha v. State of Jharkhand	2022 KHC 6839	Positive	Cited to support the proposition that it is not necessary to conduct a roving enquiry at the discharge stage when a prima facie case exists.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Rohit P.R. v. State of Kerala and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 7[th] DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 CRL.REV.PET NO. 784 OF 2022 CRIME NO.538/2015 OF PATTAMBI POLICE STATION, PALAKKAD AGAINST THE ORDER IN CC 1162/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI ## REVISION PETITIONER/ACCUSED No.6: ROHIT P.R., AGED 33 YEARS, S/o P.S. RAMACHANDRAN, MOOLAYIL HOUSE, KUMMAMPARA, THOTTAKKARA P.O., OTTAPPALAM TALUK, PALAKKAD, PIN - 679102 BY ADVS. S.RAJEEV PRERITH PHILIP JOSEPH V.VINAY M.S.ANEER SARATH K.P. ANILKUMAR C.R. ## RESPONDENT/STATE: 1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031 (CRIME NO.538/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) ADDL.R2 NARAYANAN, AGED 72 YEARS, S/o AYYAR, KONIKKAL HOUSE, CHERUTHURUTHY P.O., CHUGAM, THRISSUR - 679531 (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 13.03.2023 IN CRL.MA.1/2023. R1 BY PUBLIC PROSECUTOR SRI. SANGEETHARAJ N.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON 07.02.2024, ALONG WITH Crl.Rev.Pet.787/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 7[th] DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 CRL.REV.PET NO. 5 OF 2023 CRIME NO.359/2015 OF PATTAMBI POLICE STATION, PALAKKAD AGAINST THE ORDER IN CMP 529/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI ## REVISION PETITIONER/ACCUSED No.6: ROHIT P.R., AGED 33 YEARS, S/o P.S. RAMACHANDRAN, MOOLAYIL HOUSE, KUMMAMPARA, THOTTAKKARA P.O., OTTAPPALAM TALUK, PALAKKAD, PIN - 679102 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH SARATH K.P. ANILKUMAR C.R. ## RESPONDENT/STATE: 1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031 (CRIME NO.359/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) ADDL.R2 SIDDIQUE, AGED 56 YEARS, S/o MOIDHEEN KUTTI, PUTHENVALAPPIL HOUSE, MEZHATHOOR, PALAKKAD -679534 ( ADDL.R2 IMPLEADED AS PER ORDER DATED 13.03.2023 IN CRL.M.A. 2/2023 IN CRL.R.P. 5/2023 ) R1 BY SR. PUBLIC PROSECUTOR SRI. C.N.PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON 07.02.2024, ALONG WITH Crl.Rev.Pet.787/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 7[th] DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 CRL.REV.PET NO. 787 OF 2022 CRIME NO.360/2015 OF PATTAMBI POLICE STATION, PALAKKAD AGAINST THE ORDER IN CC 920/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI ## REVISION PETITIONER/ACCUSED No.6: ROHIT P.R., AGED 33 YEARS, S/o P.S. RAMACHANDRAN, MOOLAYIL HOUSE, KUMMAMPARA, THOTTAKKARA P.O., OTTAPPALAM TALUK, PALAKKAD, PIN - 679102 BY ADVS. S.RAJEEV V.VINAY SARATH K.P. M.S.ANEER PRERITH PHILIP JOSEPH ANILKUMAR C.R. ## RESPONDENT/STATE: 1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031 (CRIME NO.360/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) ADDL.R2 MOIDEENKUTTY, AGED 72 YEARS, S/o KUNJAPPAU, PUTHAN VALAPPIL HOUSE, MEZATHUR P.O., THRITHALA, PALAKKAD -679534 (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 13/03/2023 IN CRL.M.A. 1/2023 R1 BY SR. PUBLIC PROSECUTOR SRI. C.N.PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON 07.02.2024, ALONG WITH Crl.Rev.Pet.787/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 7[th] DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 CRL.REV.PET NO. 791 OF 2022 CRIME NO.358/2015 OF PATTAMBI POLICE STATION, PALAKKAD AGAINST THE ORDER IN CC 919/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI ## REVISION PETITIONER/ACCUSED No.6 ROHIT P.R., AGED 33 YEARS, S/o P.S. RAMACHANDRAN, MOOLAYIL HOUSE, KUMMAMPARA, THOTTAKKARA P.O., OTTAPPALAM TALUK, PALAKKAD, PIN - 679102 BY ADVS. S.RAJEEV M.S.ANEER PRERITH PHILIP JOSEPH V.VINAY SARATH K.P. ANILKUMAR C.R. ## RESPONDENT/STATE: 1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031 (CRIME NO.358/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) ADDL.R2 SIVARAMAN A, AGED 66 YEARS, S/o AYYAPPAN, PANDARATH VALAPPIL HOUSE, PATTAMBI, PALAKKAD -679303 (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 15/3/2023 IN CRL.M.A.1/23 IN CRL.R.P.791/2022 R1 BY SR. PUBLIC PROSECUTOR SRI. C.N.PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON 07.02.2024, ALONG WITH Crl.Rev.Pet.787/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 7[th] DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 CRL.REV.PET NO. 794 OF 2022 CRIME NO.726/2015 OF PATTAMBI POLICE STATION, PALAKKAD AGAINST THE ORDER IN CC 1335/2016 OF JUDICIAL MAGISTRATE OF FIRST ## CLASS, PATTAMBI ## REVISION PETITIONER/ACCUSED No.6: ROHIT P.R., AGED 33 YEARS, S/o P.S. RAMACHANDRAN, MOOLAYIL HOUSE, KUMMAMPARA, THOTTAKKARA P.O., OTTAPPALAM TALUK, PALAKKAD, PIN - 679102 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. ANILKUMAR C.R. ## RESPONDENT/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 (CRIME No.726/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) ADDL.R2 RAMACHANDRAN NAIR, AGED 64 YEARS, S/o KRISHNAPILLA, IPP CENTRE HOUSE, KOTHACHIRA, KOOTTANAD P.O, PATTAMBI, PALAKKAD -679533 (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 13/3/2023 IN CRL.M.A. 1/23 IN CRL.R.P. 794/2022 R1 BY PUBLIC PROSECUTOR SRI. SANGEETHARAJ N.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON 07.02.2024, ALONG WITH Crl.Rev.Pet.787/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 6 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 7[th] DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 CRL.REV.PET NO. 797 OF 2022 CRIME NO.536/2016 OF PATTAMBI POLICE STATION, PALAKKAD AGAINST THE ORDER IN CC 1163/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI ## REVISION PETITIONER/ACCUSED No.6: ROHIT P.R, AGED 33 YEARS, S/o P.S. RAMACHANDRAN, MOOLAYIL HOUSE, KUMMAMPARA, THOTTAKKARA P.O., OTTAPPALAM TALUK, PALAKKAD, PIN - 679102 BY ADVS. S.RAJEEV V.VINAY SARATH K.P. PRERITH PHILIP JOSEPH ANILKUMAR C.R. ## RESPONDENT/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 (CRIME No.536/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) ADDL.R2 BHUVANESWARY, AGED 38 YEARS, D/o KRISHNAN, KUTTADAMPADATH HOUSE, VADANAMKURUSSI P.O., SHORNUR, PALAKKAD -679121 (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 13/3/2023 IN CRL.M.A. 1/23 IN CRL.R.P. 797/2022) R1 BY SR. PUBLIC PROSECUTOR SRI. C.N.PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON 07.02.2024, ALONG WITH Crl.Rev.Pet.787/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 7[th] DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 CRL.REV.PET NO. 815 OF 2022 CRIME NO.537/2015 OF PATTAMBI POLICE STATION, PALAKKAD AGAINST THE ORDER IN CC 1165/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI ## REVISION PETITIONER/ACCUSED NO.6: ROHIT P.R., AGED 33 YEARS, S/o P.S. RAMACHANDRAN, MOOLAYIL HOUSE, KUMMAMPARA, THOTTAKKARA P.O., OTTAPPALAM TALUK, PALAKKAD, PIN - 679102 BY ADVS.S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH SARATH K.P. ANILKUMAR C.R. ## RESPONDENT/STATE: 1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.537/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) 2 RAMAN V.C., AGED 72 YEARS, S/o CHATHAN, VETTUMMAL HOUSE, PULASSERY P.O., PATTAMBI, PALAKKAD -679307 (ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 13.3.23 IN CRL.M.A.1/23 IN CRL.R.P 815/22) R1 BY SR. PUBLIC PROSECUTOR SRI. C.N.PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON 07.02.2024, ALONG WITH Crl.Rev.Pet.787/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 8 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 7[th] DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 CRL.REV.PET NO. 817 OF 2022 CRIME NO.724/2015 OF PATTAMBI POLICE STATION, PALAKKAD AGAINST THE ORDER IB CC 1333/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI ## REVISION PETITIONER/ACCUSED NO.6: ROHIT P.R., AGED 33 YEARS, S/o P.S. RAMACHANDRAN, MOOLAYIL HOUSE, KUMMAMPARA, THOTTAKKARA P.O., OTTAPPALAM TALUK, PALAKKAD, PIN - 679102 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH SARATH K.P. ANILKUMAR C.R. ## RESPONDENT/STATE: 1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 (CRIME NO.724/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) ADDL.R2 MOHANDAS K.V, AGED 56 YEARS, S/o VELAYUDHAN, KOONATH HOUSE, NANNAMUKKU SOUTH P.O., PONNANI, CHANGARAMKULAM, MALAPPURAM -679575 (ADDITIONAL R2 IS IMPLEADED VIDE ORDER DATED 14/03/2023 IN CRLMA 1/2023 R1 BY SR. PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON 07.02.2024, ALONG WITH Crl.Rev.Pet.787/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 9 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 7[th] DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 CRL.REV.PET NO. 823 OF 2022 CRIME NO.725/2015 OF PATTAMBI POLICE STATION, PALAKKAD AGAINST THE ORDER IN CC 1334/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI ## REVISION PETITIONER/ACCUSED No.6: ROHIT P.R, AGED 33 YEARS, S/o P.S. RAMACHANDRAN, MOOLAYIL HOUSE, KUMMAMPARA, THOTTAKKARA P.O., OTTAPPALAM TALUK, PALAKKAD, PIN - 679102 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. PRERITH PHILIP JOSEPH ANILKUMAR C.R. ## RESPONDENT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031(CRIME NO.725/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) ADDL.R2 KRISHNANKUTTY, AGED 56 YEARS, S/o KUTTAN, NELLIKKAL HOUSE, NANNAMUKKU SOUTH P.O., P PONNANI, CHANGARAMKULAM, MALAPPURAM -679575 (ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 13.03.2023 IN CRL.MA.1/2023 R1 BY SR. PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON 07.02.2024, ALONG WITH Crl.Rev.Pet.787/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 10 ## **ORDER** Nine separate cases were registered on the allegation of offence punishable under Section 406, 409 and 420 r/w Section 34 IPC that the accused persons have collected various deposits from the general public under the guise of offering more profit, in which, accused No.6 is the Manager of the alleged institution – a Chitty Company. The allegation is that various deposits were received by accused No.6 and entrusted and deposited in the chitty company. Hence, the discharge applications submitted in all these nine cases were dismissed by the trial court. It is against the abovesaid dismissal, these revisions are preferred by accused No.6. In fact, there is no much dispute that accused No.6 was the Manager of the Chitty company, by which, various deposits were canvassed and received under the guise to provide more profits and it would squarely attract the commission of offence under Section 420 IPC when it is proved. Hence, there is prima facie satisfaction of existence of ground to presume Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 11 commission of offence. Then it is a matter of evidence. The decision relied on by the petitioner in **Pushpendra Kumar Sinha v. State of Jharkhand (2022 KHC 6839)** has laid down the requirements regarding the existence of a prima facie case and that it is not at all necessary to conduct a roving enquiry at this stage. Hence, the revision petitions fail and are dismissed. Sd/- ## **P.SOMARAJAN** **JUDGE** **DMR/-** Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 12 APPENDIX OF CRL.REV.PET 784/2022 PETITIONER'S ANNEXURES Annexure-I A COPY OF THE FINAL REPORT IN CC NO.1162/2016 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI Annexure-II A TRUE COPY OF THE DISCHARGE PETITION FILED UNDER SECTION 239 CRPC IN CC NO 1162/2016 BEFORE THE JFCM, PATTAMBI Annexure-III THE 161 STATEMENTS SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO.538/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT. // TRUE COPY // P.A. TO JUDGE Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 13 ## APPENDIX OF CRL.REV.PET 5/2023 PETITIONER'S ANNEXURES Annexure-I A COPY OF THE FINAL REPORT IN CC NO.921/2016 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI, DATED 31-08-2022 Annexure II A TRUE COPY OF THE DISCHARGE PETITION FILED UNDER SECTION 239 CRPC IN CC NO 921/2016 BEFORE THE JFCM, PATTAMBI Annexure III THE MEMO OF EVIDENCE AND THE 161 STATEMENTS SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO.359/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT. // TRUE COPY // P.A. TO JUDGE Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 14 ## APPENDIX OF CRL.REV.PET 787/2022 PETITIONER'S ANNEXURES Annexure-I A COPY OF THE FINAL REPORT IN CC NO. 920/2016 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI Annexure-II A TRUE COPY OF THE DISCHARGE PETITION FILED UNDER SECTION 239 CRPC IN CC NO 920/2016 BEFORE THE JFCM, PATTAMBI Annexure-III THE MEMO OF EVIDENCE AND THE 161 STATEMENTS SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO.360/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT. // TRUE COPY // P.A. TO JUDGE Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 15 ## APPENDIX OF CRL.REV.PET 791/2022 PETITIONER'S ANNEXURES Annexure-I A COPY OF THE FINAL REPORT IN CC NO.919/2016 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI Annexure-II A TRUE COPY OF THE DISCHARGE PETITION FILED UNDER SECTION 239 CRPC IN CC NO 919/2016 BEFORE THE JFCM, PATTAMBI Annexure-III THE MEMO OF EVIDENCE AND THE 161 STATEMENTS SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO.644/2014 OF CHALISSERY POLICE STATION, PALAKKAD DISTRICT // TRUE COPY // P.A. TO JUDGE Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 16 ## APPENDIX OF CRL.REV.PET 794/2022 PETITIONER'S ANNEXURES Annexure I A COPY OF THE FINAL REPORT IN CRIME NO 726/2015 OF PATTAMBI POLICE STATION NOW PENDING AS CC NO.1335/2016 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI Annexure II A TRUE COPY OF THE DISCHARGE PETITION FILED UNDER SECTION 239 CRPC IN CC NO 1335/2016 BEFORE THE JFCM, PATTAMBI Annexure III THE MEMO OF EVIDENCE AND THE 161 STATEMENTS SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO.726/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT. // TRUE COPY // P.A. TO JUDGE Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 17 ## APPENDIX OF CRL.REV.PET 797/2022 PETITIONER'S ANNEXURES Annexure I A COPY OF THE FINAL REPORT IN CRIME NO 536/2015 OF PATTAMBI POLICE STATION NOW PENDING AS CC NO.1334/2016 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI Annexure II A TRUE COPY OF THE DISCHARGE PETITION FILED UNDER SECTION 239 CRPC IN CC NO 1163/2016 BEFORE THE JFCM, PATTAMBI Annexure III THE MEMO OF EVIDENCE AND THE 161 STATEMENTS SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO.536/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT. // TRUE COPY // P.A. TO JUDGE Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 18 ## APPENDIX OF CRL.REV.PET 815/2022 PETITIONER'S ANNEXURES Annexure-I A COPY OF THE FINAL REPORT IN CC NO.1165/2016 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI Annexure II A TRUE COPY OF THE DISCHARGE PETITION FILED UNDER SECTION 239 CRPC IN CC NO 1165/2016 BEFORE THE JFCM, PATTAMBI Annexure III THE MEMO OF EVIDENCE AND THE 161 STATEMENTS SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO.537/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT. // TRUE COPY // P.A. TO JUDGE Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 19 ## APPENDIX OF CRL.REV.PET 817/2022 PETITIONER'S ANNEXURES Annexure-I A COPY OF THE FINAL REPORT IN CC NO.1333/2016 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI. Annexure-II A TRUE COPY OF THE DISCHARGE PETITION FILED UNDER SECTION 239 CRPC IN CC NO 1333/2016 BEFORE THE JFCM, PATTAMBI Annexure-III CERTIFIED COPY OF THE MEMO OF EVIDENCE AND THE 161 STATEMENTS SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO.724/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT. // TRUE COPY // P.A. TO JUDGE Crl.R.P.No.5 of 2023, 784, 787, 791, 794, 797, 815, 817 & 823 of 2022 20 ## APPENDIX OF CRL.REV.PET 823/2022 PETITIONER'S ANNEXURES Annexure I A COPY OF THE FINAL REPORT IN CRIME NO 725/2015 OF PATTAMBI POLICE STATION NOW PENDING AS CC NO.1334/2016 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI Annexure II A TRUE COPY OF THE DISCHARGE PETITION FILED UNDER SECTION 239 CRPC IN CC NO 1334/2016 BEFORE THE JFCM, PATTAMBI Annexure III THE MEMO OF EVIDENCE AND THE 161 STATEMENTS SUBMITTED ALONG WITH THE FINAL REPORT IN CRIME NO.725/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT. // TRUE COPY // P.A. TO JUDGE