In a criminal miscellany case regarding cheating, the High Court at Ernakulam, noting that substantive contentions rely on evidence, held that this stage is too premature for a decision. The court dismissed the petition to allow the accused to raise similar contentions during the trial.
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
FRIDAY, THE 15TH DAY OF JANUARY 2016/25TH POUSHA, 1937
Crl.MC.No. 2232 of 2015
CC 1742/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD.
PETITIONER/3RD ACCUSED:
K.M. PREMADAS, S/O K.M.MOHANDAS, AGED 54 YEARS, POPULAR RICE MILL, METTUPALAYAM, KIZHAKKATHARA AMSOM, KOLLENGODE, PALAKKAD DISTRICT.
BY ADVS.SRI.BINOY VASUDEVAN SRI.R.MANIKANTAN SMT.P.G.BABITHA
RESPONDENTS/STATE/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. THE S.I. OF POLICE, KOTTAYI POLICE STATION, KOTTAYI P.O.,
3. ATHANKUTTY, S/O MOHAMMED HAJI, AGED 62 YEARS, RESIDING AT KANDATHODI,
R1 & R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R3 BY ADV. SRI.RAJESH SIVARAMANKUTTY
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 2232 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A: TRUE COPY OF C.M.P.NO.8556/13 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, PALAKKAD. ANNEXURE B: TRUE COPY OF CRIME NO.918/13 OF KOTAYI POLICE STATION. ANNEXURE C: TRUE COPY OF DOCUMENT NO.1536/12 OF S.R.O., KODUVAYUR. ANNEXURE D: TRUE COPY OF DOCUEMNT NO.3480/12 OF S.R.O. KODUVAYUR. ANNEXURE E: CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.1742/2014 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT- I, PALAKKAD.
RESPONDENT(S)' ANNEXURES: NIL
//TRUE COPY//
P.S. TO JUDGE
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B. KEMAL PASHA, J.
Crl.M.C. No.2232 of 2015
Dated this the 15th day of January, 2016
O R D E R
~ ~ ~ ~ ~ ~
Heard learned counsel for the petitioner and
learned counsel for the 3rd respondent.
the Judicial First Class Magistrate's Court-I, Palakkad, which has arisen from Crime No.918/2013 of Kottayi Police
Station, for the offences punishable under Sections 417 and 420 read with Section 34 IPC.
accused had entered into an agreement with the 3rd respondent for the sale of the property in question belonged to the 1st accused and by way of several instalments, they
Crl.M.C.2232/2015
: 2 :
obtained ₹38,50,000/- as consideration in respect of the property from the 3rd respondent. Within the period of agreement, by cheating and defrauding the 3rd respondent, A1 and A2, who were part and parcel of the cheating and fraud exercised on the 3rd respondent, colluded with the present petitioner, who is the 3rd accused, and transferred the property in favour of the 3rd accused. When dispute was raised by the 3rd respondent and complaint was raised by him, the petitioner, who is the 3rd accused, had transferred 35 cents of property out of the total properties in favour of the 3rd respondent.
Crl.M.C.2232/2015
: 3 :
respondent. On hearing the submissions of the learned counsel for the petitioner, this Court is satisfied that the contentions raised at present are matters based on evidence in the matter. The present stage is too premature to decide those matters.
With liberty to the petitioner to take up the very same contentions during trial, this Crl.M.C. is disposed of.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/15/01
// True Copy //
PA to Judge
1 issue framed by the court
Whether to decide the issue of bona fide purchase and participation in the alleged offence at the adjournment stage.
2 provisions across 1 enactments
K.M. PREMADAS
STATE OF KERALA
ATHANKUTTY
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
