State Of Kerala vs Sameerkumar Modi And Others on 2 April, 2025

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Both the W.P.(C) and Crl.R.P. are connected.

2. The petitioner in W.P.(C) No. 859 of 2013 is a

company registered under the Companies Act, 1956 engaged

in the business of manufacturing and sale of cosmetics and

other household products through direct/network marketing.

In the year 2008, the Sub Inspector of Police, Vakathanam,

Kottayam registered a crime against the petitioner company

and its officials alleging offence under Sections 2(c) and 4 of

the Prize Chits and Money Circulation Schemes (Banning)

Act, 1978 (for short, ‘the Banning Act’). The allegation is that

the company was involved in doing business falling under the

Banning Act. After investigation, the police filed Ext.P1 final

report against the company’s managing director and its

employees. The case was taken on file by the Chief Judicial

Magistrate Court, Kottayam (for short, ‘the trial court’) as
W.P.(C) No. 859 of 2013 &

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