George J. Mundadan v. State of Kerala
Case brief
What is this about?
The Kerala High Court dismissed the criminal miscellaneous petitions filed by accused employees challenging their arrest in a chit fund fraud case involving cheating under Sections 406 and 420 IPC. The Court held that factual disputes and evaluation of evidence were not for the High Court at this stage and directed the trial court to consider the petitioners' defence application under Section 239
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937
Crl.MC.No. 3787 of 2015
C.C.NO.3404/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKKUDY
CRIME NO. 2629/2013 OF CHALAKKUDY POLICE STATION , THRISSUR
PETITIONER(S)/3RD ACCUSED :
GEORGE J.MUNDADAN, AGED 61 YEARS, S/O.LATE M.J.JOSEPH, CN-46, PALIAKKARA ROAD, ANGAMALY, ERNAKULAM DISTRICT.
BY ADVS.SRI.S.SANAL KUMAR
SRI.M.T.SURESHKUMAR
SMT.T.J.SEEMA
Issues for consideration
3 issues framed by the court
Whether criminal miscellaneous petition filed by accused claiming non-involvement in offences at the stage of Section 482 CrPC should be dismissed or remitted to the trial court.
Whether the High Court can examine intrinsic and factual aspects of the evidence collected by the investigating officer at the interim stage before Section 239 CrPC.
Whether the petitioners are liable for offences under Sections 406, 420 IPC read with Section 34 IPC given their alleged non-participation in the fraud.
Parties & counsel
- petitioner
GEORGE J.MUNDADAN
- respondent
STATE OF KERALA
Coram
B.KEMAL PASHA
Case details
As recorded by the court registry
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