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Showing contexts for: proxy FORMS in Vishnu Prasad K.N vs State Of Kerala on 21 January, 2016Matching Fragments
Petitioners are the accused in Thrissur East Police Station Crime No.1841/2015 registered under Sections 401, 420, 465, 467, 468 and 34 of Indian Penal Code. Petitioners are accused 4 and 5 in the above crime.
2. It is alleged that the accused 1 and 2 withdrew 35 lakhs and 30 lakhs respectively without the knowledge and consent of the Director Board of a Company by name Punarjani Securities Limited and they fabricated a seal of the Indian Consulate at Dubai. Further they forged the signature of the consulate on proxy forms intended to be used in an election to the Board of Directors of the Company.
5. Learned Senior counsel for the petitioner contended that there is a change of circumstance and petitioners' case stand on a different footing. According to him, the petitioners did not use the proxy forms on getting information from the independent Chairman deputed by the Company Law Board that there are disputes regarding the genuineness of the proxy form.
6. According to the contention of the learned Senior counsel they are persons locally available and one of them is an employee of Aswini Hospital. This submission is opposed by the learned counsel appearing for the defacto complainant. According to the contention of the learned Directer General of Prosecution, the prime accused have left India after dismissal of the anticipatory bail application. For want of presence of the accused, the investigation is not progressing. I am of the view that there is some force in the submission of the learned Senior counsel that case of these petitioners is slightly different from the others. On getting information about the dispute regarding the genuineness of the proxy forms, they did not participate in the election. Learned Director General of Prosecution raised a contention that the materials in the case diary do not show as to whether they are proxy holders or witnesses in the proxy form. All these matters can be resolved only in a proper investigation. Considering the entire facts and circumstances, I feel that following directions can be made in this case for the effective investigation of the case.