The Court quashed the final report and all further criminal proceedings in C.C. No. 1438 of 2012, held by the Judicial First Class Magistrate's Court, Aluva, against the petitioners for offences under Sections 453, 188, and 506(i) IPC.
Quashed Annexure-A1 Final Report and all further criminal proceedings in C.C. No. 1438 of 2012.
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 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937
Crl.MC.No. 639 of 2015 ()
CC 1438/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA. CRIME NO. 1563/2011 OF KALAMASSERY POLICE STATION, ERNAKULAM.
PETITIONER(S)/ACCUSED:
1. V.I.USMAN, AGED 66 YEARS, S/O.HYDROSE, VALEPPILLY HOUSE,
2. V.U.AFSAL, AGED 34 YEARS,
3. SUDHEER, AGED 40 YEARS,
BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
1. STATE OF KERALA,
2. SMT.GEETHA RAVEENDRAN,
R1 BY PUBLIC PROSECUTOR
R2 BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 639 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1CERTIFIED COPY OF THE CHARGE SHEET DATED 14.01.2012 CC 1438/12 OF JFCM COURT II, ALUVA IN CRIME NO.1563/2011 OF KALAMASSERY POLICE STATION. ANNEXURE A2TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 09.08.2011 BY THE 2ND RESPONDENT BEFORE THE SHO KALAMASSERY. ANNEXURE A3THE SCENE MAHASSAR IN CRIME NO.1563/2011 OF KALAMASSERY POLICE STATION DATED 10.08.2011. ANNEXURE A4THE TRUE PHOTOSTAT COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER IN O.S.NO.145 OF 2012 BEFORE THE MUNSIFF COURT ERNAKULAM.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
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B.KEMAL PASHA, J.
======================
Crl.M.C. No. 639 of 2015
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Dated this the 12th day of October, 2015
O R D E R
The petitioners are the accused in C.C.No.1438 of 2012 of the Judicial First Class Magistrate’s Court-II, Aluva, for the offences under Sections 453, 188 and 506(i) IPC read with Section 34 IPC.
Crl.M.C. No. 639 of 2015
2
the petitioners and therefore, the Bank has no complaints against the petitioners. When the matter has been settled and the entire amounts due to the Bank has already been paid, there is no question of the continuance of SARFAESI proceedings in the matter. Matters being so, this is a fit case wherein, Annexure-A1 Final Report and all further proceedings based on it in C.C.No.1438 of 2012 of the Judicial First Class Magistrate’s Court-II, Aluva can be quashed.
In the result, this Crl.M.C. is allowed and Annexure-A1 Final Report and all further proceedings based on it in C.C.No.1438 of 2012 of the Judicial First Class Magistrate’s Court-II, Aluva are hereby quashed.
Sd/-
B.KEMAL PASHA JUDGE
DSV/12/10/15
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether to quash criminal proceedings and final report when the appealable case is based on a matter settled and fully paid off.
Whether SARFAESI proceedings have terminated upon discharge of liability by the petitioners.
1 provisions across 1 enactments
V.I.USMAN
V.U.AFSAL
SUDHEER
STATE OF KERALA
SMT.GEETHA RAVEENDRAN
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
