Partly allowed

Shareef v. State of Kerala

Kerala HC6 Jun 2016Crl.MC/3370/2016

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court of Kerala quashed criminal proceedings pending against petitioners accused of cheating and criminal conspiracy. The court relied on a No Objection Certificate from the State Bank to direct the investigating officer to reconsider if offences were made out before filing the final report.

What did the court decide?

Direction to investigating officer to consider ANNEXURE A4 NOC and decide if offences are made out before filing final report. Petition disposed.

Shareef 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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 6TH DAY OF JUNE 2016/16TH JYAISHTA, 1938

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Crl.MC.No. 3370 of 2016

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CRIME NO. 1306/2015 OF CHIRAYINKEEZHU POLICE STATION , THIRUVANANTHAPURAM DISTRICT

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PETITIONER(S)/ACCUSED 1 & 2 :

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1. SHAREEF,

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AGED 43 YEARS, S/O. MUHAMMED HANEEFA, PANAYATHARA VEEDU, CHIRAYINKEEZHU P.O., KOONTHALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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2. ANZI,

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AGED 33 YEARS, W/O. SHAREEF, PANAYATHARA VEEDU, CHIRAYINKEEZHU P.O., KOONATHALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.P.ANOOP (MULAVANA)

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RESPONDENT(S) :

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

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2. SHINE, KALLUVILA VEEDU, CHUMADUTANGI, MUDAPURAM P.O., KIZHIVILAM VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM - 695 001

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R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE.P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Crl.MC.No. 3370 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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A1 TRUE COPY OF THE FIR IN CRIME NO.1306/2015 OF CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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A2 TRUE COPY OF THE AGREEMENT DATED 16-03-2014.

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A3 TRUE COPY OF THE SUIT FILED AS O.S NO.249/2015 BEFORE THE MUNSIFF COURT, ATTINGAL.

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A4 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 03-12-2015.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.A.TO JUDGE

Msd.

RAJA VIJAYARAGHAVAN.V., J

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Crl.M.C. No. 3370 of 2016

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- - - - Dated 6^th June, 2016

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ORDER

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The petitioners herein are accused Nos. 1 and 2 in Crime No.1306 of 2015 of Chirayinkeezhu Police Station. The aforesaid crime has been registered at the instance of the 2^nd respondent herein for offences punishable under Sections 405 and 420 read with Section 34 of the IPC.

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The prosecution allegation is that the property having an extent of 10 cents in Sy.No.742/B/91 of Koonthalloor Village was assigned by the petitioners to the 2^nd respondent herein concealing the fact that the property having an extent of .77 cents covered under the above sale deed was mortgaged with the State Bank of Travancore Chirayinkeezhu branch. It was based on the aforesaid complaint that Annexure A1 FIR was registered.

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The learned counsel for the petitioners referring to Annexure A4 No Objection Certificate issued by the Chief

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Crl.M.C. No.3370 of 2016 -2-

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Manger of State Bank of Travancore contends that the bank has already issued No Objection Certificate stating that they have no objection in creating mutation in favor of the 2^nd respondent in respect of the .77 cents of land in the above survey number.

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I have gone through Annexure A1 FIR as well. Having regard to Annexure A4 NOC, it appears that no case is made out as against the petitioners herein. The investigating officer is directed to consider Annexure A4 and decide whether the offences alleged in Annexure A1 is made out before filing the final report.

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This petition is disposed of.

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Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE

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kp/-7.6.16

Shareef v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shareef v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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