This Criminal Miscellaneous Case involved petitioners, accused in a money circulation scheme case. The High Court dismissed the Cr.M.C. petition filed by the accused, holding that it was devoid of merits for quashing the FIR at this premature stage.
the Cr.M.C. is dismissed as it is devoid of merits and no investigation has been conducted.
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 21ST DAY OF MARCH 2016/1ST CHAITHRA, 1938
Crl.MC.No. 1364 of 2016
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CRIME NO. 442/2013 OF KOLLAM EAST POLICE STATION, KOLLAM
PETITIONER(S)/ACCUSED NO.4:
1. DILEEPAN K., AGED 50 YEARS,
2. PRASANNAKUMARI, AGED 50 YEARS,
BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, TO BE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA COCHIN.
2. THE CITY POLICE COMMISSIONER, COMMISSIONER OFFICE, KOLLAM 691 001.
3. DEPUTY SUPDT. OF POLICE, DEPUTY SUPDT. OFFICE, KOLLAM 691 001.
4. CIRCLE INSPECTOR OF POLICE, EAST POLICE STATION COMPOUND, KOLLAM 691 001.
5. SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM 691 001.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 1364 of 2016
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1- A TRUE COPY OF THE FIR BEARING CRIME NO.442/2013 OF KOLLAM EAST POLICE STATION ANNEXURE A2- A TRUE COPY OF THE TRANSLATED VERSION OF THE FINAL REPORT BY CBCID, KOZHIKODE ANNEXURE A3- A TRUE COPY OF THE LETTER FROM RESERVE BANK OF INDIA STATING THAT THE SAID COMPANY DOES NOT COMES UNDER THE REGULATION OF RESERVE BANK OF INDIA AND THEREFORE REFER THE CASE TO SEBI ANNEXURE A4- A TRUE COPY OF THE REGIONAL TOPPERS LIST OF THE ALLEGED COMPANY IN WHICH THE PETITIONERS WERE WORKING IN (PACL) ANNEXURE A5- A TRUE COPY OF THE REMAND APPLICATION AND REPORT SUBMITTED BY THE 5TH RESPONDENT ANNEUXRE A6- A TRUE COPY OF THE ORDER ISSUED BY THE SECURITY EXCHANGE BOARD OF INDIA ANNEUXRE A7- A TRUE COPY OF THE PROCEEDINGS OF THE HON'BLE SUPREME COURT AGAINST THE PACL COMPANY
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.S. TO JUDGE
msv/
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 1364 of 2016
............................................................... Dated this the 21st day of March, 2016
O R D E R
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
CRL.M.C.No. 1364 of 2016
-: 2 :-
an institution named PACL Ltd. and amassed huge amounts, by inducing various members of the public to part with huge amounts, by offering attractive commissions and profits from business. They have made such collections fraudulently and illegally, that too, without keeping any records. The amounts collected were not returned to the public. In the search conducted at the premises, it was revealed that an amount of ₹99,86,342/- was collected illegally from the public just on one day in between 3 p.m. on 28-02-13 and the morning of 01-03-2013. The said amount was seized. Various documents showing involvement of the accused were also allegedly seized.
CRL.M.C.No. 1364 of 2016
-: 3 :-
crime. Therefore, this Crl.M.C. is devoid of merits and is
only to be dismissed, and I do so.
In the result, this Crl.M.C. is dismissed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
3 issues framed by the court
Whether the Criminal Miscellaneous Petition filed by the accused seeking dismissal of the FIR is legally valid given the lack of investigative progress.
Whether the court should quash the FIR at this preliminary stage without a proper investigation.
Whether the petitioners are solely agents and not connected with the business of the PACL Ltd.
5 provisions across 3 enactments
DILEEPAN K.
PRASANNAKUMARI
STATE OF KERALA
THE CITY POLICE COMMISSIONER
DEPUTY SUPDT. OF POLICE
CIRCLE INSPECTOR OF POLICE
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
