Allowed

K.Prabhakaran v. State of Kerala

Kerala HC15 Dec 2016Crl.MC/4804/2014

Case brief

AI extract

What is this about?

In a criminal titled case filed under Section 482 CrPC to quash proceedings for alleged violation of the Kerala Money Lenders Act, the Court allowed the petition. The Court quashed the FIR noting that the petitioners held a valid licence and no fresh complaint had been made.

What did the court decide?

FIR in Crime No.484 of 2014 of Ponnani Police Station and all further proceedings against the petitioners are quashed.

K.Prabhakaran Vs State of Kerala — Company and Corporate | 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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THURSDAY, THE 15TH DAY OF DECEMBER 2016/24TH AGRAHAYANA, 1938

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Crl.MC.No. 4804 of 2014 () ---------------------------

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CRIME NO. 484/2014 OF PONNANI POLICE STATION , MALAPPURAM

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PETITIONER(S)/PETITIONERS:

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1. K.PRABHAKARAN S/O. KUNJUNNI NAMBIAR, NOW RESIDING AT PADMALAYAM, KOLALAMBA P.O. EDAPPAL, PONNANI TALUK, MALAPPURAM DISTRICT.

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2. K.RAJAGOPAL S/O. ACHUTHAN NAIR, NOW RESIDING AT KONDAKATH HOUSE, MOOKKUTHALA P.O., CHANGARAMKULAM, PONNANI TALUK, MALAPPURAM DISTRICT.

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3. A.P.SADANANDAN S/O.GOPALA MENON, NOW RESIDING AT AISWARYA, ALATHUR P.O., THAVANUR, PONNANI TALUK, MALAPPURAM DISTRICT.

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4. K.V.AYISHABI, AGED 56 YEARS W/O. K.V.HAMZA, NOW RESIDING AT KUNHANVALAPPIL HOUSE, NARIPARAMBA P.O., THAVANUR, PONNANI TALUK, MALAPPURAM DISTRICT.

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5. K.V.SHADIYA AGED 56 YEARS W/O. MOHAMMEDKUTTY, NOW RESIDING AT KARUKANTAKATH VAKKAYIL HOUSE, NARIPARAMBA P.O., THAVANUR, PONNANI TALUK, MALAPPURAM DISTRICT.

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6. P.UNNIKRISHNAN, AGED 58 YEARS S/O. KRISHNAN NAIR, NOW RESIDING AT PALAKAT HOUSE, MOOKKUTHALA P.O., CHANGARAMKULAM, PONNANI TALUK, MALAPPURAM DISTRICT.

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7. V.P.RAVEENDRAN S/O. C.V.RAMAN MENON, NOW RESIDING AT VENGALIL PANIKKAVEETIL HOUSE, INDIVARAM SUKAPURAM P.O., EDAPPAL, PONNANI TALUK, MALAPPURAM DISTRICT.

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8. V.K.CHANDRAN S/O. KUNHIRAMAN, WARRIAMPARAMBIL HOUSE, EXHVATHURUTHY, P.O.PONNANI, MALAPPURAM DISTRICT.

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9. K.UNNIKRISHNAN S/O. PARAMESWARAN NAMBIAR, BINDU NIVAS, EASWARAMANGALAM P.O., PONNANI, MALAPPURAM DISTRICT.

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BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE

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RESPONDENTS:

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1. STATE OF KERALA REP. BY PUBLIC PROECUTOR, HIGH COURT OF KEALA, COCHIN-31.

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2. SUB INSPECTOR OF POLICE PONNANI POLICE STATION, MALAPPURAM DISTRICT.

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BY PUBLIC PROSECUTOR SRI. T.R. RENJITH.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4804 of 2014 () ---------------------------

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APPENDIX

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PETITIONERS' ANNEXURES

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ANNEXURE A1- TRUE PHOTOCOPY OF MONEY LENDING LICENSE FOR THE PERIOD 2014-15 DATED 02-07-2014.

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ANNEXURE A2- TRUE PHOTOCOPY OF RETURN SUBMITTED FOR THE YEAR 2-13-14 DATED 30-05-2014.

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ANNEXURE A3- RELEVANT PAGE OF LICENSE HOLDERS UNDER KERALA MONEY LENDERS ACT 1958 AS ON 15-05-2014 TAKEN FROM THE WEBSITE.

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ANNEXURE A4- CERTIFIED COPY OF FIRST INFORMATION REPORT DATED 22-052014.

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ANNEXURE A5- TRUE PHOTOCOPY OF SEARCH LIST PREPARED BY THE 2ND RESPONDENT DATED 22-05-2014.

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ANNEXURE A6- TRUE PHOTOCOPY OF PARTNERSHIP DEED.

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RESPONDENTS' ANNEXURES: NIL

TRUE COPY

P.A. TO JUDGE.

RAJA VIJAYARAGHAVAN.V., J

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Crl.M.C. No. 4804 of 2014

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- - - - Dated 15^th December, 2016

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ORDER

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1.This petition is filed under Section 482 of the Code of Criminal Procedure.

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2.The petitioners herein are the accused in Crime No.484 of 2014 of Ponnani Police Station registered alleging offence punishable under Section 17 of the Kerala Money Lenders Act, 1958.

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3.The prosecution allegation is that on 22.5.2014 at about 12.30 pm, on the basis of source information, the Sub Inspector of Police, Ponnani Police Station conducted an inspection at Ponnani Bankers of which petitioners 1 to 8 are partners and 9^th petitioner is the Manager. On inspection certain blank stamp papers, cheques and other documents were found.

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4.According to the Sub Inspector of Police, the petitioners were engaged in unauthorized money lending business

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Crl.M.C. No.4804 of 2014 -2-

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and the same was being carried out in violation of Section 17 of the Act.

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5.The learned counsel appearing for the petitioners submits that the crime was registered as early as in the year 2014 and not even a single person has come forward and have stated anything as against the petitioners herein. According to the learned counsel, the only allegation is that the petitioners have violated Section 17 of the Act, which penalises a person who carries on money lending business without a license or in violation of the conditions of licence. Referring to Annexure A1 licence issued by the Inspecting Assistant Commissioner, Commercial Taxes Department, Government of Kerala, it is pointed out that on the relevant day of inspection, Ponnani Bankers was having a valid licence under the Act. It is further pointed out by the learned counsel that the continuance of proceedings as against the petitioners herein on the basis of vague allegations is clearly an abuse of process and it is

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Crl.M.C. No.4804 of 2014 -3-

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prayed that the proceedings be quashed.

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6.The learned Public Prosecutor on instructions submits that the crime was registered when information was received that the petitioners had been conducted unauthorised money lending business and the provisions of the Act will not enable the petitioners to obtain cheques or stamp papers as security. According to the learned Public Prosecutor, the investigation has not revealed that the petitioners had violated any provisions other than Section 17 of the Act, which prescribes that licence should be obtained prior to carrying out of the business.

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7.I have considered the rival submissions and have gone through the materials on record. Annexure A7 Money Lending Licence No.'32100378772' issued by the Inspecting Assistant Commissioner, Commercial Taxes Department, Government of Kerala would reveal that the licence was valid from 1.4.2014 to 31.3.2015. The FIR and other materials would reveal that the only allegation

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Crl.M.C. No.4804 of 2014 -4-

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is that the petitioners have carried out the business of money lending without having a proper licence. This allegation is falsified by Annexure A7. Further more, it does not appear from records that any person has come forward with any complaint against the petitioners herein. The crime was registered in the year 2014 and no fresh materials have been obtained by the prosecution. In that view of the matter, I am of the considered view that this is a fit case in which this Court will be justified in exercising powers under Section 482 of the Code to quash the proceedings.

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The petition will stand allowed. All further proceedings against the petitioners pursuant to Annexure A4 FIR in Crime No.484 of 2014 of Ponnani Police Station are quashed.

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Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE

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kp/15.12.16

K.Prabhakaran v. State of Kerala

Case brief

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K.Prabhakaran v. State of Kerala

Case brief

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