The High Court discharged the first accused in a cheating/forgery case. Relying on Section 482 Cr.P.C., the Court quashed the FIR holding that no offence was disclosed against the father as the allegations rested purely on hearsay from the mother.
Crl.M.C. allowed; FIR in Crime No.1305 of 2011 quashed; pending proceedings against the petitioner quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
FRIDAY, THE 21ST DAY OF JUNE 2013/31ST JYAISHTA 1935
Crl.MC.No. 1346 of 2013 ()
CRIME NO. 1305/2011 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT.
PETITIONER/1ST ACCUSED:-
K. THAHA, AGED 62 YEARS, S/O.KASIM PILLAI, HAFEEZ MANZIL, UPASANA NAGAR - 69, CANTONMENT NORTH, KOLLAM EAST VILLAGE, KOLLAM.
BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM).
RESPONDENT/STATE AND DEFACTO COMPLAINANT:-
1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. HAFEEDA,
R1 BY PUBLIC PROSECUTOR SMT.S. HYMA. R2 BY ADV. SRI.B.MOHANLAL.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21-06-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 1346 of 2013
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1. A TRUE COPY OF THE FIR IN CRIME NO.1305/2011 OF KOLLAM EAST POLICE STATION.
RESPONDENT'S ANNEXURES:-
NIL.
//TRUE COPY//
P.S. TO JUDGE.
rs.
V.K.MOHANAN, J.
Crl.M.C.No. 1346 of 2013
Dated this the 21st day of June, 2013
O R D E R
The petitioner is the first accused in Crime No.1305
of 2011 of Kollam East Police Station and he preferred this Crl.M.C. under Section 482 of the Cr.P.C. with a prayer to quash Annexure A1 FIR in the above crime. The petitioner is none other than the father of the de facto complainant. The Police now registered the above crime on the basis of the FI statement given by his daughter, who is the second respondent in the above M.C. According to the petitioner, going by the FI statement in Annexure A1 FIR, no offence would lie against him, who is working in abroad. Therefore, the present petition is filed under Section 482 with the above prayer.
counsel appearing for the second respondent.
Crl.M.C.No.1346 of 2013 :-2-:
on 20.4.2008 with a Police Officer and at that time 100 sovereigns of gold and three lakhs of rupees and a car was given to the de facto complainant by her parents, who are the accused, and thereafter, she put the gold ornaments in a bank locker at Mynagappally which was in the name of the de facto complainant and her husband. The present case of the de facto complainant that at the instigation of the first accused, the father of the de facto complainant, her mother contacted her and herself and her mother took the ornaments without the knowledge and consent of the husband of the de facto complainant and kept in a locker at SBT main branch, Kollam. Thereafter, though three months time were over, when the de facto complainant demanded back the gold ornaments for purchasing a house, the mother of the de facto complainant declined the above request. Thus, according to the de facto complainant, her parents committed the offences punishable under Section 420 read with Section 34 of the I.P.C.
Crl.M.C.No.1346 of 2013
:-3-:
Crl.M.C.No.1346 of 2013
:-4-:
the petitioner in the above crime is vitiated as the same is only an abuse of process of law.
In the result, this Crl.M.C. is allowed quashing the FIR in Crime No.1305 of 2011 of Kollam East Police Station and all proceedings pending against the petitioner/the first accused.
V.K.MOHANAN, Judge
MBS/
Crl.M.C.No.1346 of 2013
:-5-:
2 issues framed by the court
Whether the proceedings against the petitioner in the FIR constitute an abuse of the process of law and disclose an offence against him.
Whether the allegations of theft and cheating by the mother vitiate the proceedings against the petitioner under Section 482 Cr.P.C.
1 provisions across 1 enactments
K. Thaha
State of Kerala
Hafeeda
V.K.Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
