In this criminal miscellaneous case, the High Court of Kerala rejected the petitioner's plea for quashing the criminal investigation. The Court held that the matter requires adjudication on merits based on evidence.
Criminal miscellaneous case closed temporarily; investigation to continue.
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 B.KEMAL PASHA
MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937
Crl.MC.No. 541 of 2015 ()
CRIME NO. 2725/2014 OF KOTHAMANGALAM POLICE STATION.
PETITIONER/ACCUSED:
CHITHARANJAN V.K., S/O.KUMARAN, AGED 52 YEARS, VELLIMATTATHIL HOUSE, RAMALLOOR, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT.
BY ADVS.SRI.ALEXANDER JOSEPH,
SRI.T.P.JOSEPH.
RESPONDENT(S):
1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
2. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM-686 691.
3. DR. ANTONY OLIAPURAM, S/O. VARKEY, OLIAPURAM HOUSE, RAMALLOOR KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM P.O., M ERNAKULAM DISTRICT-686 691.
R1 & R2 BY PUBLIC PROSECUTOR SMT.P. MAYA. R3 BY ADVS. SRI.M.TRIPTEN, SMT.VALSAMMA STEPHEN (MUVATTUPUZHA).
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 541 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
| ANNEXURE A1: | TRUE COPY OF THE FIR NO. 2725/2014 DATED 07.12.2014 OF KOTHAMANGALAM POLICE STATION. |
|---|---|
| ANNEXURE A2: | TRUE COPY OF THE SALE DEED NO.4013/2011 DATED 01.07.2011 OF KOTHAMANGALAM SRO. |
| ANNEXURE A3: | TRUE COPY OF THE SETTLEMENT DEED NO. 3750/2012 DATED 11.06.2012 OF KOTHAMANGALAM SRO. |
| ANNEXURE A4: | TRUE COPY OF THE AGREEMENT DATED 05.09.2011. |
| ANNEXURE A5: | TRUE COPY OF THE AGREEMENT DATED 11.06.2012. |
| ANNEXURE A6: | TRUE COPY OF PROMISSORY NOTE DATED 27.10.2012. |
| ANNEXURE A7: | TRUE COPY OF THE PLAINT IN O.S.NO. 71 OF 2014 OF THE SUB COURT, MUVATTUPUZHA. |
| ANNEXURE A8: | TRUE COPY OF THE WRITTEN STATEMENT DATED 07.01.2015 IN O.S. 71/2014. |
| ANNEXURE A9: | TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN BINOD KUMAR & OTHERS V. STATE OF BIHAR & ANOTHER , (2014(10) SCC 663). |
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
B.KEMAL PASHA, J.
=================== CRL.M.C. No.541 of 2015
====================
Dated this the 5th day of October, 2015
O R D E R
The petitioner is the accused in Crime No.2725 of 2014 of the Kothamangalam Police Station, registered for the offences punishable under Sections 408, 420 and 468 IPC.
CRL.M.C. No.541 of 2015 2
premature to consider that the offences alleged against the petitioner will not lie. It is a matter that has to be decided on merits on the basis of evidence. The petitioner will get enough opportunities to challenge those things. Let the investigation continue. There is no reason to interfere with the investigation at present .
Therefore, this Crl.M.C. is closed, for the time being, with liberty to the petitioner to approach this Court or appropriate
Forum, at appropriate stage.
Sd/-
B. KEMAL PASHA
JUDGE
DSV/6/10/15
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether the investigation into offences of cheating and criminal breach of trust can be quashed before the closure of investigation.
Whether the pendency of a civil suit regarding the same property justifies interference with the criminal investigation.
Chitharanjan V.K.
The State of Kerala
The Sub Inspector of Police, Kothamangalam Police Station
Dr. Antony Oliapuram
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
