The Court dismissed the petition to quash criminal proceedings for cheating. The petition was rejected as it was too early to quash given available materials. The Court reserved the petition for permanent exemption of the third accused, the mother-in-law.
Crl.M.C. No. 592 of 2009 is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930
Crl.MC.No. 592 of 2009()
------------------------------------CC.657/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT I, PERINTALMANNA.
PETITIONER(S): ACCUSED:
2. VENGADAN MOHAMMED ALI, AGED 41 YEARS, S/O. MOIDEEN , VENGADAN HOUSE, ANAMANGAD AMSOM, ODAMALA DESOM, P.O. VALAKKULAM, PERINTHALMANNA.
3. VENGADAN PATHUMMA, AGED 59 YEARS, W/O. MOIDEEN, VENGADAN HOUSE, ANAMANGAD AMSOM, ODAMALA DESOM, P.O. VALAKKULAM, PERINTHALMANNA.
BY ADV. MR.P.SAMSUDIN
RESPONDENT(S): DEFACTO COMPLAINANT & STATE:
2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PERINTHALMANNA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM.
R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.N. KRISHNAN, J
CRL.M.C.No. 592 OF 2009
Dated this the 17th day of February, 2009
O R D E R
This petition is filed with a prayer to quash all further proceedings against the petitioners in C.C. 657/2005 on the file of the Judicial First Class Magistrate Court-I, Perinthalmanna. It is a protest complaint against a referred report. The parties involved are the sister's husband, the complainant's brothers in law and the mother-in-law of the accused. The averments is that in 2001 under the protest of making available a visa an amount has been taken by the brothers-in-law and they had cheated him and hence the complaint. It is too early to hold that the matter is to be quashed or not. When materials are available and there is dearth of the fundamental ingredients to constitute the offence then the petitioners can come forward with a challenge. At this time it cannot be entertained and therefore I dismiss the Crl.M.C, but considering the facts available before me when a request is made for permanent exemption of the 3rd accused, the mother-in-law the court shall consider it sympathetically and pass appropriate orders.
The Crl.M.C is dismissed.
vkm
M.N. KRISHNAN, JUDGE
2 issues framed by the court
Whether the criminal miscellaneous petition to quash proceedings can be allowed at this stage given the availability of materials.
Whether the petitioners who accused the respondent of cheating him an amount for a visa should have further proceedings quashed.
Vengadan Abdul Salam
Vengadan Mohammed Ali
Vengadan Pathumma
Kalappattil Mohammed Ali
State of Kerala
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
