Allowed

Josey Joseph v. State of Kerala

Kerala HC18 Feb 2016Crl.MC/1027/2015

Case brief

AI extract

What is this about?

In Crl.MC.No.1027 of 2015, the High Court of Kerala passed an order on 18-02-2016 allowing the quashing of criminal proceedings against two accused (accused 1 and 2) in a case under Sections 406, 420 IPC read with Section 34 IPC arising from an alleged misappropriation of funds from the National Association for the Blind.

What did the court decide?

The Crl.M.C. is allowed; proceedings in CC No.240 of 2014 arising from Crime No.199 of 2013 against the petitioners are quashed.

Josey Joseph Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

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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 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937

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Crl.MC.No. 1027 of 2015

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CC 240/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUANANTHAPURAM CRIME NO. 199/2013 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER(S)/ACCUSED 1 AND 2:

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1. JOSEY JOSEPH, GENERAL SECRETARY AND GENERAL EXECUTIVE OFFICER, NATIONAL ASSOCIATION FOR THE BLIND, KERALA STATE BRANCH, PLAMOOD, MANCHADI ROAD, THIRUVANANTHAPURAM.

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2. S.SUKUMARAN (GIVEN AS S.SUDHAKARAN IN THE CHARGE SHEET), WORKING PRESIDENT NATIONAL ASSOCIATION FOR THE BLIND KERALA STATE BRANCH, PLAMOOD, MANCHADI ROAD, THIRUVANANTHAPURAM.

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BY ADVS.SRI.K.SASIKUMAR SRI.S.ARAVIND SRI.R.ROHITH

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM.

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3. SAILAJA.R.,

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JIJO BHAVAN, NILLIMOODU P.O., THIRUANANTHAPURAM - 695 524.

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R1 & 2 BY PUBLIC PROSECUTOR SMT.MAYA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1027 of 2015

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APPENDIX

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PETITIONER(S)' EXHIBITS

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A1: A CERTIFIED COPY OF THE FIR NO.199 OF 2013 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM CONTAINING THE PRIVATE COMPLAINT OF THE 3RD RESPONDENT

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A2: A CERTIFIED COPY OF THE FINAL REPORT DATED 15/3/2013 FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE CJM COURT, THIRUVANANTHAPURAM

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A3: A TRUE COPY OF THE LETTER DATED 21/9/2010 FORWARDED FROM THE REGIONAL OFFICE OF THE EPF OFFICE, THIRUVANANTHAPURAM TO THE PETITIONERS' OFFICE

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A4: A TRUE RELEVANT EXTRACT OF THE PASS BOOK IN THE ACCOUNT OF THE NATIONAL ASSOCIATION FOR THE BLIND IN THE INDIA OVERSEAS BANK NO.033101000005547

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A5: A TRUE RELEVANT EXTRACT OF THE PASS BOOK IN THE ACCOUNT OF THE NATIONAL ASSOCIATION FOR THE BLIND IN THE STATE BANK OF INDIA NO.10242307862.

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A6: A TRUE OCPY OF THE VOUCHER NO.757 DATED 6/10/2010 FOR REMITTANCE OF AN AMOUNT OF RS.4,26,482/- IN THE EPF ACCOUNT BY THE NATIONAL ASSOCIATION FOR BLIND

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A7: A TRUE COPY OF THE STATE BANK OF INDIA CHALAN DATED 6/10/2010 FOR REMITTANCE OF THE AMOUNT OF RS.4,26,482/- INTO THE ACCOUNT OF EMPLOYEES PROVIDENT FUND ORGANIZATION

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A8: A TRUE RELEVANT EXTRACT OF THE DAY BOOK OF NATIONAL ASSOCIATION FOR THE BLIND

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A9: A TRUE COPY OF THE MINUTES OF THE ANNUAL GENERAL BODY MEETING HELD ON 4/8/2011.

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A10: A TRUE COPY OF THE LETTER DATED 3/9/201 SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER

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A11: A TRUE COPY OF THE LETTER DATED 29/9/2012 ISSUED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT

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A12: A TRUE COPY OF THE COMPLAINT DATED 22/2/2014 FORWARDED BY THE 3RD RESPONDENT TO THE HON'BLE HUMAN RIGHTS COMMISSSION

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A13: A TRUE COPY OF THE PROCEEDINGS, DATED 10/6/2014 PASSED BY THE HON'BLE KERALA STATE HUMAN RIGHTS COMMISSION; THIRUVANANTHAPURAM.

.....2/-

..2..

Crl.MC.No. 1027 of 2015

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A14: A TRUE COPY OF THE ORDER DATED 18/7/2014 PASSED BY THE 1ST PETITIONER

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A15: A TRUE COPY OF THE LETTER DATED 25/7/2014 FORWARDED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT

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A16: A TRUE COPY OF THE LETTER DATED 19/1/2015 FORWARDED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT

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A17: A TRUE COPY OF THE DEMAND DRAFT DRAWN INFAVOUR OF THE 3RD RESPONDENT

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A18: A TRUE COPY OF THE LETTER DATED 4/2/2015 RECEIVED BY THE 1ST PETITIONER FROM THE 3RD RESPONDENT

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B. KEMAL PASHA, J.

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==================== CRL.M.C. No. 1027 of 2015

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==================== Dated this the 18^th day of February, 2016

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O R D E R

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Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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The petitioners are accused in C.C.No.240 of 2014 of the Chief Judicial Magistrate’s Court, Thiruvananthapuram, which has arisen from Crime No.199 of 2013 of the Museum Police Station, for the offences under Sections 406 and 420 IPC read with Section 34 IPC.

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The petitioners are the General Executive Officer and the Working President of the National Association for the Blind, Kerala Branch. The allegation against them is that they have withdrawn an amount of ₹1,95,018/- on

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CRL.M.C.No. 1027 of 2015

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-: 2 :-

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06.10.2010 from the accounts of the Association, at the Indian Overseas Bank, Pattom Branch, Thiruvananthapuram and misappropriated the same. It is also alleged that the defacto complainant, who was working as Field Organiser, who had resigned from the association, was not given her welfare fund amount, and the same was also misappropriated.

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The learned counsel for the petitioners has pointed out that the entire amount payable to the petitioners, by way of welfare fund amount, was paid to the petitioners through D.D.No.945517687, for which, she has issued AnnexureA18 acknowledgment dated 04.02.2015. The learned Public Prosecutor has also endorsed the correctness of AnnexureA18 from the investigating officer.

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With regard to the amount of ₹1,95,018/-, allegedly withdrawn from the accounts of the Association, the learned counsel for the petitioners has pointed out that, such an amount was withdrawn on 06.10.2010, as is evident from

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CRL.M.C.No. 1027 of 2015

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-: 3 :-

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Annexure-4, copy of the passbook. Over and above of that amount, another amount of ₹2,31,461/- was also withdrawn from another account of the association on the same day, i.e.; 06.10.2010.

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The learned counsel for the petitioners has pointed out that the said two amounts were withdrawn for the purpose of making remittance towards the Employees Provident Fund Organisation. The said two amounts along with an amount of ₹3/- more, were paid towards the dues to the Employees Provident Fund Organisation, through Annexure-A7 on 06.10.2010 itself. The same is evident from Annexure-A7. Matters being so, the allegations raised against the petitioners are incorrect. Therefore, the offences alleged against the petitioners are not legally sustainable and the same are liable to be quashed.

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In the result, this Crl.M.C. is allowed all further proceedings in C.C.No.240 of 2014 of the Chief Judicial Magistrate’s Court, Thiruvananthapuram, which has arisen

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CRL.M.C.No. 1027 of 2015

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-: 4 :-

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from Crime No.199 of 2013 of the Museum Police Station, as against the petitioners, are hereby quashed.

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Sd/- B.KEMAL PASHA, JUDGE.

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DSV/19/2/16

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// True Copy //

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P.A. To Judge

Josey Joseph v. State of Kerala

Case brief

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Josey Joseph v. State of Kerala

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