Kerala High Court
Rajesh Khanna vs State Of Kerala on 25 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC Nos. 5337 & 5338 OF 2015 1
& CRLRP 336 & 419 of 2015
2024:KER:79861
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
CRL.MC NO. 5337 OF 2015
CRIME NO.472/2010 OF Kollam West Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CRRP NO.366 OF 2015
OF HIGH COURT OF KERALA ARISING OUT OF THE ORDER/JUDGMENT
DATED IN CC NO.197 OF 2010 OF CHIEF JUDICIAL MAGISTRATE
,KOLLAM
PETITIONER/S:
1 RAJESH KHANNA
S/O.RAVEENDRAN, KANAKAVILA PUTHEN VEEDU, MAMATHA
NAGAR, NEAR SREE MURUKA ICE PLANT, SOOCHIKKARAN
MUKKU, PALLITHOTTAM, KOLLAM
2 REEJA
W/O.RAJESH KHANNA, KANAKAVILA PUTHEN VEEDU, MAMATHA
NAGAR, NEAR SREE MURUKA ICE PLANT, SOOCHIKKARAN
MUKKU, PALLITHOTTAM, KOLLAM
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.LEO GEORGE
RESPONDENT/S:
1 STATE OF KERALA
REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, 682031
CRL.MC Nos. 5337 & 5338 OF 2015 2
& CRLRP 336 & 419 of 2015
2024:KER:79861
2 SUB INSPECTOR OF POLICE
KOLLAM WEST POLICE STATION, KOLLAM 691001
3 SMT C P LALITHAMBIKA
W/O.LATE RAMAKRISHNAN, AMBADI, CURZON NAGAR,
157,CUTCHERY WARD, KOLLAM 691001
OTHER PRESENT:
SR.ADV.SRI.S.SREEKUMAR
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.10.2024, ALONG WITH Crl.MC.5338/2015, 366/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC Nos. 5337 & 5338 OF 2015 3
& CRLRP 336 & 419 of 2015
2024:KER:79861
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
CRL.MC NO. 5338 OF 2015
CRIME NO.634/2010 OF Kollam West Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED 31.03.2015 IN CRRP
NO.419 OF 2015 OF HIGH COURT OF KERALA ARISING OUT OF THE
ORDER/JUDGMENT DATED 28.10.2013 IN CC NO.190 OF 2010 OF CHIEF
JUDICIAL MAGISTRATE ,KOLLAM
PETITIONER/S:
1 RAJESH KHANNA
S/O.RAVEENDRAN, KANAKAVILA PUTHEN VEEDU, MAMATHA
NAGAR, NEAR SREE MURUKA ICE PLANT, SOOCHIKKARAN
MUKKU, PALLITHOTTAM, KOLLAM
2 REEJA
W/O.RAJESH KHANNA, KANAKAVILA PUTHEN VEEDU, MAMATHA
NAGAR, NEAR SREE MURUKA ICE PLANT, SOOCHIKKARAN
MUKKU, PALLITHOTTAM, KOLLAM
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.LEO GEORGE
RESPONDENT/S:
1 STATE OF KERALA
REP BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM,
CRL.MC Nos. 5337 & 5338 OF 2015 4
& CRLRP 336 & 419 of 2015
2024:KER:79861
2 SUB INSPECTOR OF PO LICE
KOLLAM WEST POLICE STATION, KOLLAM 691001
3 SMT C P LALITHAMBIKA
W/O.LATE RAMAKRISHNAN, AMBADI, CURZON NAGAR,
157,CUTCHERY WARD, KOLLAM 691001
4 SRI DIJU RAMAKRISHNAN
S/O.RAMAKRISHNAN, AMBADI, CURZON NAGAR, 157,
CUTCHERY WARD KOLLAM 691001
BY ADV PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.10.2024, ALONG WITH Crl.MC.5337/2015 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC Nos. 5337 & 5338 OF 2015 5
& CRLRP 336 & 419 of 2015
2024:KER:79861
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
CRL.REV.PET NO. 366 OF 2015
AGAINST THE ORDER/JUDGMENT DATED 28.10.2013 IN CC
NO.197 OF 2010 OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM ARISING
OUT OF THE ORDER/JUDGMENT DATED 06.03.2015 IN CRA NO.50 OF
2014 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI,
KOLLAM/ V ADDL.MACT
REVISION PETITIONER/S:
1 RAJESH KHANNA
S/O.RAVEENDRAN, KANKALAYATHIL, VIKAS NAGAR - 38,
KARPURAM CHERY, VADAKKEVILA VILLAGE.
2 REEJA
W/O.RAJESH KHANNA, KANKALAYATHIL, VIKAS NAGAR - 38,
KARPURAM CHERY, VADAKKEVILA VILLAGE.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.LEO GEORGE
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
CRL.MC Nos. 5337 & 5338 OF 2015 6
& CRLRP 336 & 419 of 2015
2024:KER:79861
KERALA, ERNAKULAM, PIN - 682 031.
2 C.P.LALITHAMBIKA
D/O.PADMAVATHY, AMBADY, KERZON NAGAR, 157, KOLLAM -
691 001.
3 RADHAKRISHNAN
S/O.KRISHNAN KUTTY, PUTHENVEETTIL THEKKETHIL,
KUREEPUZHA CHERRY, KOLLAM WEST VILLAGE, PIN - 691
604.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 25.10.2024, ALONG WITH Crl.MC.5337/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRL.MC Nos. 5337 & 5338 OF 2015 7
& CRLRP 336 & 419 of 2015
2024:KER:79861
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
CRL.REV.PET NO. 419 OF 2015
AGAINST THE ORDER/JUDGMENT DATED 28.10.2013 IN CC
NO.190 OF 2010 OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM ARISING
OUT OF THE ORDER/JUDGMENT DATED 06.03.2015 IN CRA NO.54 OF
2014 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI,
KOLLAM/ V ADDL.MACT
REVISION PETITIONER/S:
1 RAJESH KHANNA
AGED 38 YEARS
S/O.RAVEENDRAN, KANKALAYATHIL, VIKAS NAGER -38,
KARPURAM CHERY, VADAKKEVILA VILLAGE,
2 REEJA WO.RAJESH KHANNA
KANKALAYATHIL, VIKAS NAGER -38, KARPURAM CHERY,
VADAKKEVILA VILLAGE,
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.LEO GEORGE
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
RESPONDENT/S:
1 THE STATE OF KERALA
CRL.MC Nos. 5337 & 5338 OF 2015 8
& CRLRP 336 & 419 of 2015
2024:KER:79861
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM PIN - 682 031.
2 C.P.LALITHAMBIKA DO.PADMAVATHY WO.LATE RAMAKRISHNA
AMBADY, KERZON NAGAR, 157, KOLLAM - 691 001.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 25.10.2024, ALONG WITH Crl.MC.5337/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRL.MC Nos. 5337 & 5338 OF 2015 9
& CRLRP 336 & 419 of 2015
2024:KER:79861
P.V.KUNHIKRISHNAN, J
--------------------------------------
Crl.MC Nos. 5337/2015, 5338/2015
and
Crl.R.P. Nos. 366/2015, 419/2015
--------------------------------------
Dated this the 25th day of October, 2024
ORDER
These cases are connected and therefore, I am
disposing of these cases by a common order.
2. I will first consider Crl.M.C. Nos. 5337/2015 &
5338/2015. The petitioners in these cases are accused in CC
No. 197/2010 and 190/2010 on the file of the Chief Judicial
Magistrate Court, Kollam. CC No. 197/2010 is taken on file by
the court based on the final report in Crime No. 472/2010 of
Kollam West Police Station. Crime No. 472/2010 was
registered against the petitioners in that case and two others
alleging offences punishable under Secs. 384, 465, 447,427,
451, 294(b) r/w 34 IPC. The offence under Secs.13 and 17 of
the Kerala Money Lenders Act, 1958 is also alleged. The
& CRLRP 336 & 419 of 2015
2024:KER:79861
petitioners in Crl.M.C. No. 5338/2015 are accused in CC No.
190/2010 which arises from Crime No. 534/2010 of Kollam
West Police Station, which was registered under Secs. 468,
420, 406 and 34 IPC and also under Secs. 13 and 17 of the
Kerala Money Lenders Act, 1958. The petitioners in CC No.
197/2010 and 190/2010 along with other accused were
acquitted by the trial court. Annexure-7 in Crl.M.C. No.
5337/2015 is the judgment of the Chief Judicial Magistrate
Court acquitting the petitioners in that case and the other
accused. Annexure-8 in Crl.M.C. No. 5338/2015 is the
judgment in CC No.190/2010 of the Chief Judicial Magistrate
Court, Kollam by which the petitioners in that case and the
other accused were acquitted. Annexure-9 in Crl.M.C. No.
5337/2015 and Annexure-8 in Crl.M.C. No. 5338/2015 were
challenged by the 3rd respondent in these Criminal
Miscellaneous Cases by filing appeal before the Sessions
Court, Kollam and the case was numbered as Crl.Appeal No.
50/2014 and Crl.Appeal No. 54/2014 respectively.
3. In the meanwhile, the investigating officer
& CRLRP 336 & 419 of 2015
2024:KER:79861
attached to the Kollam West Police filed two separate petitions
in the above two calendar cases on 09.01.2015 for conducting
the investigation in Crime No. 472/2010 and Crime No.
534/2010. Annexure-8 in Crl.M.C. No. 5337/2015 and
Annexure-9 in Crl.M.C. No. 5338/2015 are the copy of the
CMP No. 282/2015 & CMP No. 283/2015 respectively filed
before the Chief Judicial Magistrate Court, Kollam on
09.01.2015. These petitioners were filed based on the
complaint filed by the 3rd respondent in these cases to the 2 nd
respondent stating that the investigation conducted in Crime
No.472/2010 and Crime No. 534/2010 are not proper. The
learned Chief Judicial Magistrate allowed the above
applications as evident by Annexure-9 in Crl.M.C. No.
5337/2015 and Annexure-10 in Crl.M.C. No. 5338/2015.
Pursuant to the above orders, the Circle Inspector of Police,
Kollam West Police filed a report in Crl.A. Nos.50/2014 and
54/2014 seeking a remand of the matter to the Chief Judicial
Magistrate Court, Kollam to enable further investigation.
Based on the above request, the above appeals were disposed
& CRLRP 336 & 419 of 2015
2024:KER:79861
remanding the case to the Chief Judicial Magistrate Court,
Kollam to enable further investigation. Annexure-10 and
Annexure-11 produced in Crl.M.C. No. 5337/2015 and Crl.M.C.
No. 5338/215 are the judgments in Crl.A. Nos. 50/2014 and
54/2014 of the Chief Judicial Magistrate Court, Kollam. These
judgments were challenged by the petitioners before this
Court by filing revisions. Crl.R.P No. 366/2015 and Crl.R.P.
No.419/2015 are the revisions filed against the above
judgments. The Criminal Miscellaneous cases are filed
challenging the order passed by the Chief Judicial Magistrate
Court, Kollam by which further investigations are ordered and
Crl.R.P. No. 366/2015 and Crl.R.P. No. 419/2015 are filed
challenging the judgment in Crl.A. Nos. 50/2014 and 54/2014
of the Addl.Sessions Court-VI, Kollam respectively.
4. Heard Senior Counsel, Sri.S.Sreekumar, the
learned counsel for the petitioners in these cases. I also heard
the learned Public Prosecutor, who appeared for the State.
5. Admittedly, the petitioners faced trial in CC
No. 197/2010 & CC No. 190/2010 and they were acquitted by
& CRLRP 336 & 419 of 2015
2024:KER:79861
the Chief Judicial Magistrate Court as per the judgment dated
28.10.2013. The accused were acquitted in these cases mainly
for the reason that even after repeated coercive steps, CW
Nos. 1 to 3 in these cases did not turned up and hence,
Deputy Director of Prosecution dispensed the examination of
the other witness and evidence was closed. Accordingly, the
accused were acquitted. As I mentioned earlier, the judgment
was delivered in the above cases on 28.10.2013. In both
these cases, the 3rd respondent in these Crl.M.C.s. filed an
appeal before the Sessions Court, Kollam and the appeal was
pending.
6. Pending appeal, the investigating officer based
on a complaint from the 3rd respondent in the Criminal
Miscellaneous cases to the 2nd respondent filed separate
applications for further investigation in the above two crimes.
Annexure-8 in Crl.M.C. No. 5337/2015 and Annexure-9 in
Crl.M.C. No. 5338/2015 are the petitions filed by the
investigating officer for further investigation. Admittedly,
these petitions were filed after the Calendar
& CRLRP 336 & 419 of 2015
2024:KER:79861
cases are disposed by the Chief Judicial Magistrate Court
acquitting the accused. Of course, there is no legal bar in filing
an application under Sec.173(8) Cr.P.C., if the office-in-charge
of the police station obtained further evidence, oral or
documentary. But, admittedly, the acquittal order passed by
the Chief Judicial Magistrate is challenged before the Sessions
Court, Kollam and the appeal was pending when these
applications were filed. Propriety demands that the Police
officer concerned should have approach the appellate court
with such a prayer for further investigation in the pending
appeal instead of filing an application before the trial court.
7. Moreover, this Court perused Annexure-8 in
Crl.MC No.5337/2015 and Annexure-9 in Crl.MC
No.5338/2015, which are the petitions filed by the Police
Inspector, Kollam West Police Station on 09.01.2015 for
further investigation. In both these cases, the reason for
further investigation is that, a complaint is filed by the defacto
complainant stating that the investigation in those cases are
not proper and therefore, a further investigation is necessary.
& CRLRP 336 & 419 of 2015
2024:KER:79861
The question to be decided is whether a further investigation
can be requested in a concluded case in which the accused are
acquitted stating that the investigation conducted in the cases
is not proper. Section 173(8) of the Code of Criminal
Procedure is extracted hereunder:
"S.173(8): Nothing in this section shall be deemed to
preclude further investigation in respect of an offence after
a report under sub-section (2) has been forwarded to the
Magistrate and, where upon such investigation, the officer in
charge of the police station obtains further evidence, oral or
documentary, he shall forward to the Magistrate a further
report or reports regarding such evidence in the form
prescribed; and the provisions of sub-sections (2) to (6)
shall, as far as may be, apply in relation to such report or
reports as they apply in relation to a report forwarded under
sub-section (2)."
8. As per Section 173(8), nothing in that section
will preclude further investigation in respect of an offence after
a report under sub-section (2) of Section 173 has been
forwarded to the Magistrate and where upon such
investigation, the officer in charge of the Police Station
& CRLRP 336 & 419 of 2015
2024:KER:79861
obtained further evidence, oral or documentary. In such
situation, the officer in charge shall forward to the Magistrate
a further report or reports regarding such evidence in the form
prescribed and the provisions of sub-section 2 to 6 of Section
173, as far as may be applied in relation to such report or
reports. Therefore, for further investigation, the officer in
charge of the police station should obtained further evidence,
oral or documentary. A perusal of Annexure-8 in Crl.MC
No.5337/2015 or Annexure-9 in Crl.MC No.5338/2015 would
not show that there is any further evidence, oral or
documentary is received and therefore, further investigation is
necessary. The only reason mentioned in these applications is
that the defacto complainant in these cases filed a complaint
stating that the investigation already conducted is not proper
and therefore, a further investigation is necessary in these
cases.
9. I am of the considered opinion that, in such
situation, Section 173(8) of Cr.P.C. is not applicable at all.
Here is a case where the Police investigated the case, filed a
& CRLRP 336 & 419 of 2015
2024:KER:79861
final report, the court taken cognizance of the offences and
issued summons to the accused, they faced trial and
thereafter the accused were acquitted based on the final
report filed by the Police. After concluding the trial, the
defacto complainant already filed an appeal before the
Sessions Court, Kollam. Thereafter, the Station House Officer
has no jurisdiction to file an application for further
investigation before the learned Magistrate when admittedly
as per Annexures 8 and 9 in Crl.MC Nos.5337/2015 and
5338/2015, no further evidence, oral or documentary, is
received by the officer in charge for further investigation.
10. Moreover, this Court perused the order passed
by the learned Magistrate in the applications filed for further
investigation in the above cases. I am of the considered view
that, Annexures 9 and 10 produced in Crl.MC Nos.5337/2015
and 5338/2015 are not a speaking order after applying mind.
The submission of the Station House Officer before the learned
Magistrate is that a further investigation is being conducted
because the earlier investigation is not proper. The learned
& CRLRP 336 & 419 of 2015
2024:KER:79861
Magistrate without considering that ground observed in the
following manner in Annexures 9 and 10 in the above Criminal
Miscellaneous Cases. Annexure-9 order in Crl.MC
No.5337/2015 is extracted hereunder:
"This is a petition filed under section 173(8) Cr.P.C.
According to the Investigating Officer, the previous
Investigating Officer not conducted investigation properly.
On perusal of the materials which shows that the
offence alleged are different and distinct. If the investigating
officer received more materials, investigation under section
173(8) Cr.P.C. can be conducted. Hence I am of the view
that petition can be allowed and the same is allowed."
11. Similar order is passed in CC No.190/2010
also as evident by Annexure-10 produced in Crl.MC
No.5338/2015. I am of the considered opinion that,
Annexures 9 and 10 orders are unsustainable for the simple
reason that, it is not a speaking order after applying mind
because the application is filed for further investigation
because the earlier investigation is not proper. No further
& CRLRP 336 & 419 of 2015
2024:KER:79861
evidence, oral or documentary is received by the officer in
charge for further investigation.
12. In addition to that, the learned Magistrate
ought not have passed the above orders when admittedly an
appeal is pending against the acquittal order before the
Sessions Court, Kollam. Admittedly, when these orders are
passed by the learned Magistrate on 16.02.2015, the appeal
against acquittal is pending before the Sessions Court, Kollam.
Propriety demands that the learned Magistrate ought not have
passed such an order when the appellate court seizing of the
matter. Therefore, I am of the considered opinion that,
Annexures 9 and 10 orders in Crl.MC Nos.5337/2015 and
5338/2015 are to be quashed.
13. Now, I will consider Crl. RP No.366/2015 and
Crl. RP No. 419/2015. These revisions are filed by the
accused in CC 197/2010 and 190/2010 on the file of the Chief
Judicial Magistrate Court, Kollam against the judgment in Crl.
Appeal Nos. 50/2014 and 54/2014 on the file of the Additional
Sessions Court-VI, Kollam. These Crl. Appeals were disposed
& CRLRP 336 & 419 of 2015
2024:KER:79861
of by the Additional Sessions Judge by a non-speaking order.
The learned Additional Sessions Judge observed that the Circle
Inspector of Kollam West Police Station filed a report for
further investigation of the case based on new materials and
requested for a remand and the Additional Sessions Judge
consented to remand the case. Hence, the Crl. Appeals are
remanded to the Chief Judicial Magistrate Court. I am of the
considered opinion that, this is not the manner in which a Crl.
Appeal filed against a judgment of acquittal is to be disposed
of.
14. Section 387 of the Code of Criminal Procedure
says that the Rules contained in Chapter XXVII as to the
judgment of a criminal court of original jurisdiction shall apply
so far as may be applicable to judgments in appeal of a
Sessions Court of Chief Judicial Magistrate. Section 353 says
about the judgment and Section 354 says about the language
and contents of judgment. A Criminal Appeal cannot be disposed
of by the Additional Sessions Judge the manner in which the
impugned orders were passed in these revisions. I am of the
& CRLRP 336 & 419 of 2015
2024:KER:79861
considered opinion that the impugned judgments are to be set
aside and the appellate court has to reconsider the appeals, in
accordance with law. If the Investigating Officer obtained any
further evidence, oral or documentary, after the investigation
and after the conclusion of the trial, they can bring to the
notice of the appellate court, in accordance with law.
Therefore, these cases are allowed in the following
manner:
1. Crl.MC No.5337/2015 is allowed and
Annexure-9 order dated 16.02.2015 passed by the
Chief Judicial Magistrate Court, Kollam in CMP
No.282/2015 in CC 197/2010 is set aside.
2. Crl.MC No.5338/2015 is allowed and
Annexure-A10 order dated 16.02.2015 in CMP
283/2015 in CC No.190/2010 of the Chief Judicial
Magistrate Court, is set aside.
3. Crl. RP No.366/2015 is allowed and the
judgment in Crl. Appeal No.50/2014 dated
06.03.2015 of the Additional Sessions Judge-VI,
& CRLRP 336 & 419 of 2015
2024:KER:79861
Kollam is set aside and Crl. Appeal No.50/2014 is
restored. The appellate court will consider the
Appeal on merit and pass appropriate orders in it.
4. Crl. RP No.419/2015 is allowed and the
judgment dated 06.03.2015 in Crl. Appeal
No.54/2015 of the Additional Sessions Judge-VI,
Kollam is set aside and Crl. Appeal No.54/2015 is
restored. The appellate court will consider the
Appeal on merit and pass appropriate orders in it.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS/nvj
& CRLRP 336 & 419 of 2015
2024:KER:79861
PETITIONER ANNEXURES
ANNEXURE 1:-TRUE COPY OF THE SALE DEED NO
1615/2008 OF ERAVIPURAM SRO EXECUTED BY
3RD RESPONDENT AND ANOTHER IN FAVAOUR OF
THE PETITIONERS DTD 11/4/2008
ANNEXURE 2:-TRUE COPY OF THE UPTO DATE
BASIC TAX RECEIPT DTD 6/4/2015
ANNEXURE 3:-TRUE COPY OF THE CERTIFICATE
OF REGISTRATION ISSUED BY THE INSPECTING
ASSISANT COMMISSIONER, KOLLAM
ANNEXURE 4:-TRUE COPY OF THE PLAINT IN OS
NO 115/2010 BEFORE THE SUB COURT, KOLLAM
DTD 9/2/2010
ANNEXURE 5:-TRUE COPY OF CMP NO 6048/2010
FILED BY RESPONDENTS 3 AND 4 BEFORE THE
CJM COURT,KOLLAM DTD 23/6/2010
ANNEXURE 6:-TRUE COPY OF THE FIRST
INFORMATION REPORT IN CRIME NO 534/2010
OF KOLLAM WEST POLICE STATION DTD
27/6/2010
ANNEXURE 7:-TRUE COPY OF THE FINAL REPORT
SUBMITTED BY KOLLAM WEST POLICE STATION
IN CRIME NO 534/2010 DTD 5/11/2010
ANNEXURE 8;-TRUE COPY OF THE JUDGMENT IN
CC NO 190/2010 ON THE FILE OF CJM COURT,
KOLLAM,DTD 28/10/2013
ANNEXURE 9:-CERTIFIED COPY OF CMP NO
283/2015 ON THE FILES OF CJM COURT,
KOLLAM DTD 9/1/2015
ANNEXURE 10:-CERTIFIED COPY OF ORDER IN
CMP NO 283/2015 IN CC NO 190/2010 ON THE
FILES OF THE CJM COURT, KOLLAM DTD
& CRLRP 336 & 419 of 2015
2024:KER:79861
16/2/2015
ANNEXURE 11:-TRUE COPY OF JUDGMENT IN CRA
NO 54/2014 OF THE SESSIONS COURT, KOLLAM,
DTD 6/3/2015
ANNEXURE 12:-TRUE COPY OF THE ORDER IN
CRMA NO 1760/2015 IN CRRP NO 419/2015 DTD
31/3/2015
& CRLRP 336 & 419 of 2015
2024:KER:79861
PETITIONER ANNEXURES
ANNEXURE 1:-TRUE COPY OF THE SALE DEED NO
1615/2008 OF ERAVIPURAM SRO EXECUTED BY
3RD RESPONDENT AND ANOTHER IN FAVOUR OF
THE PETITIONERS DTD 11/4/2008
ANNEXURE 2:-TRUE COPY OF UPTO DATE BASIC
TAX RECEIPT DTD 6/4/2015
ANNEXURE 3:-TRUE COPY OF THE CERTIFICATE
OF REGISTRATION ISSUED BY THE INSPETING
ASSISTANT COMMISSIONER KOLLAM
ANNEXURE 4:-TRUE COPY OF THE PLAINT IS OS
NO 115/2010 BEFORE THE SUB COURT KOLLAM
DTD 9/2/2010
ANNEXURE 5:-TRUE COPY OF THE FIRST
INFORMATION REPORT IN CRIME NO 472/2010
OF KOLLAM WEST POLICE STATION DTD
10/6/2010
ANNEXURE 6:-TRUE COPY OF THE CHARGE SHEET
SUBMITTED BY KOLLAM WEST POLICE STATION
IN CRIME NO 472/2010 DTD 30/10/2010
ANNEXURE 7:-TRUE COPY OF THE JUDGMENT IN
CC NO 197/2010 ON THE FILES OF CJM COURT,
KOLLAM DTD 26/10/2013
ANNEXURE 8:-CERTIFIED COPY OF CMP NO
282/2015 ON THE FILES OF CJM COURT,
KOLLAM DTD 9/1/2015
ANNEXURE 9:-CERTIFIED COPY OF ORDER IN
CMP NO 282/2015 IN CC NO 197/2010 ON THE
FILES OF THE CHIEF JUDICILA MAGISTRATE
COURT, KOLLAM DTD 16/2/2015
ANNEXURE 10:-TRUE COPY OF JUDGMENT IN CRA
NO 50/2014 OF THE SESSIONS COURT, KOLLAM,
& CRLRP 336 & 419 of 2015
2024:KER:79861
6/3/2015
ANNEXURE 11:-TRUE COPY OF THE ORDER IN
CRMA NO 1505/2015 IN CRRP NO 366/2015 DTD
18/3/2015
