Disposed

K.K.Haneefa Alias Muhammad Haneefa v. State of Kerala

Kerala HC3 Sept 2015Crl.MC/1866/2015

Case brief

AI extract

What is this about?

The High Court refused to quash the FIR and final report in a cheque bounce and money lending case. The Court declined to examine merits but directed the lower court to consider specific issues regarding false implication and bail upon surrender.

What did the court decide?

The Court disposed of the Crl.M.C. noting that while the petitioner was likely falsely implicated, the FIR and final report cannot be quashed at this stage; the lower court must examine the plea of fa

K.K.Haneefa Alias Muhammad Haneefa Vs State of Kerala — Money Laundering | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937

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Crl.MC.No. 1866 of 2015 ()

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AGAINST THE ORDER/JUDGMENT IN CC 22/2015 of J.M.F.C.-I,THAMARASSERY CRIME NO. 721/2014 OF THAMARASSERY POLICE STATION , KOZHIKODE

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PETITIONER(S)/PETITIONER:

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K.K.HANEEFA ALIAS MUHAMMAD HANEEFA , AGED 48 YEARS S/O.IBRAHIM HAJI, KAIRALI VILLA, MOODALI P O QUILANDY, KOZHIKODE DIST, PIN-673307

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BY ADVS.SRI.V.S.CHANDRASEKHARAN

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SRI.M.V.DAS

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SMT.LEKSHMI SWAMINATHAN

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RESPONDENT(S)/RESPONDENTS:

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STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA

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SUB INSPECTOR OF POLICE THAMARASSERY POLICE STATION, THAMARASSERY KOZHIKODE(DISTRICT)PIN-673573

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CIRCLE INSPECTOR OF POLICE OFFICE OF THE C I OF POLICE, SULTHAN BATHERY WAYANAD DIST, PIN-673592

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ABDUL SHUKOOR

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S/O.KUJAYAN KUTTY R/A.ASIA HOUSE, THAMARASSERY AMSOM KOZHIKODE DIST, PIN-673573

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R1 BY ADV. GOVERNMENT PLEADER

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R BY PUBLIC PROSECUTOR SMT.SAREENA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1866 of 2015 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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1.TRUE COPY OF THE NOTICE DTD 7/8/2014 TO THE PETITIONER BY THE KERALA STATE FINANCIAL ENTERPRISES

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2.TRUE COPY OF THE NOTICE 23/8/2014 TO THE PETITIONER BY THE SOUTH MALABAR GRAMIN BANK

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3.TRUE COPY OF THE CHEQUE NO 017087 OF STATE BANK OF TRAVANCORE ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE PETITIONER WITH THE DISHONOR MEMO DTD 18/10/2014

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4.TRUE COPY OF THE PROMISSORY NOTE ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE PETITIONER

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5.TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE ,KOYILANDY

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6.THE TRUE COPY OF THE RECEIPT NO 22 DTD 12/10/2014 ISSUED BY THE S I OF POLICE OF KOYILANDY POLICE STATION

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7.THE TRUE COPY OF THE FIR DTD 17/10/2014 REGISTERED AGAINST THE PETITIONER IN CRIME NO 721/14 BY THE S I OF P OLICE, THAMARASSERY

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8.THE TRUE COPY OF FINAL REPORT DTD 30/12/2014 IN CC 22/15 BEFORE HON'BLE JFCM COURT I, THAMARASSERY

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RESPONDENT(S)' EXHIBITS : NIL

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// True Copy //

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PA to Judge

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B. KEMAL PASHA, J.

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Crl.M.C. No.1866 of 2015

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Dated this the 3^rd day of September, 2015

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioner wants to get Annexure-A7 FIR in Crime No.721/2014 of the Thamarassery Plice Station and Annexure-A8 final report in the matter, which is presently pending as C.C.22/2015 before the Judicial First Class Magistrate's Court-I, Thamarassery, quashed.

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The police have filed final report on investigation, alleging offences punishable under Section 420 IPC and Sections 3 and 4 read with Section 17 of the Kerala Money Lenders Act. This Court is not making any opinion with regard to the merit or otherwise of the allegations against the petitioner at present. While exercising the power under Section 482 Cr.P.C., this Court cannot go into the details of the evidence collected by the investigating officer.

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According to the petitioner, he is in no way

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Crl.M.C.1866/2015

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: 2 :

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connected with the offences alleged and he has been falsely implicated in the case. According to him, he had never been involved in money lending. Of course, those matters can be brought to the notice of the court below by the petitioner at the stage of Section 239 Cr.P.C. In case an application is filed by the petitioner to that effect, the court below shall consider the said application on merits and pass appropriate orders in accordance with law. Further, on his surrender before the court below and on his filing an application seeking bail, the court below shall consider and dispose of that application on the same day itself, provided, advance notice has been served on the Assistant Public Prosecutor.

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With the said observations, this Crl.M.C. is disposed of.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/03/09

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// True Copy //

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PA to Judge

K.K.Haneefa Alias Muhammad Haneefa v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.K.Haneefa Alias Muhammad Haneefa v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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