The High Court, in a criminal miscellaneous petition seeking quashing of an FIR, noted that the bank had no complaint regarding forgery or cheating by the petitioners, and the alleged loan transaction was already closed. The court held the continued investigation to be unnecessary and a waste of time.
Annexure-A1 FIR is 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 B.KEMAL PASHA
TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937
Crl.MC.No. 826 of 2015
CRIME NO.157/2010 OF VELLATHOOVAL POLICE STATION NOW CBCID CRIME NO.142/CR/OCWII/EKM/2013, IDUKKI DISTRICT
PETITIONER(S) :
1. REJI P.S, AGED 46 YEARS, S/O.SANKARAN, RESIDING AT PANACHICKAL HOUSE, RAJAKKAD.P.O., IDUKKI DISTRICT.
2. SASI, AGED 61 YEARS, S/O.KESAVAN, RESIDING AT CHOOZHIKARAYIL HOUSE, RAJAKKAD.P.O., IDUKKI DISTRICT.
3. KARTHYANI, AGED 64 YEARS, W/O.BHASKARAN, RESIDING AT CHOOZHIKARAYIL HOUSE, RAJAKKAD.P.O., IDUKKI DISTRICT.
BY ADV. SRI.BABU PAUL
RESPONDENT(S)/COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. THE DETECTIVE INSPECTOR, CB-CID, OCWII, IDUKKI SUB UNIT, THODUPUZHA- 688 110.
3. THE STATION HOUSE OFFICER, VELLATHOOVAL POLICE STATION, VELLATHOOVAL- 688 101.
4. THE FEDERAL BANK, REPRESENTED BY ITS BRANCH MANAGER, KUNCHITHANNY, PIN- 685 565.
R1 TO R3 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE ADDL. R4 BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 826 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: TRUE COPY OF THE F.I.R DATED 27.04.2010.
ANNEXURE A2: TRUE COPY OF THE ORDER IN B.A.6358/2014 DATED 31.10.2014.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
Crl.M.C. No.826 of 2015
Dated this the 1st day of September, 2015
O R D E R
~ ~ ~ ~ ~ ~
Petitioners are the accused in Crime No.157/2010 of Vellathooval Police Station, which is now re-registered as Crime No.142/CR/OCW-II/EKM/2013 for the offences punishable under
Sections 468 and 472 IPC.
loan was repaid and the documents were returned. After that, again, one of the petitioners had obtained a loan of ₹5 lakhs from the said bank by depositing some documents as security. It
Crl.M.C.826/2015
: 2 :
is the case of the petitioners that the bank has no complaint against the petitioners.
In the result, this Crl.M.C. is allowed and Annexure-A1 FIR
is quashed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/01/09
// True Copy // PA to Judge
2 issues framed by the court
Whether the continued investigation into alleged forgery for obtaining a loan, where no complaint of cheating exists and the transaction is closed, is necessary and justifiable.
Whether the FIR in the case of Cheating and Forgery punishable under Sections 468 and 472 IPC is liable to be quashed under Cr.P.C.
1 provisions across 1 enactments
REJI P.S
SASI
KARTHYANI
STATE OF KERALA
FEDERAL BANK
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
