Dismissed

K.S.Shaji v. State of Kerala

Kerala HC11 Dec 2018Crl.MC/1039/2015

Case brief

AI extract

What is this about?

The court rejected the petitioners' plea to quash criminal proceedings for embezzlement of Provident Fund contributions. It held that the offence was completed upon failure to pay, and subsequent payment affects only the sentence, not the validity of the proceedings.

What did the court decide?

Dismissed the petitions seeking quashing of criminal proceedings on the ground of subsequent payment of the deducted amount.

K.S.Shaji Vs State of Kerala — Property and Title | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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TUESDAY, THE 11TH DAY OF DECEMBER 2018 / 20TH AGRAHAYANA, 1940

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Crl.MC.No. 1039 of 2015

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AGAINST CC 662/2011 of J.M.F.C.-II(MOBILE),ALAPPUZHA CRIME NO. 427/2009 of Mararikulam Police Station, Alappuzha

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PETITIONER:

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K.S.SHAJI AGED 61 YEARS S/O.C.V.SUSHEELAN, PROPRIETOR, M/S. HINDUSTAN SHEARING WORKS, KONCHERRY HOUSE, VARANAM, CHERTHALA, ALAPPUZHA DISTRICT. NOW RESIDING AT AYYAPPANCHERRY, VARANAM P.O., CHERTHALA, ALAPPUZHA DISTRICT.

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BY ADV. SRI.G.PRIYADARSAN THAMPI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING SUB INSPECTOR OF POLICE, MARARIKULAM POLICE STATION).

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2 THE ENFORCEMENT OFFICER EMPLOYEE'S PROVIDENT FUND ORGANIZATION, OFFICE OF THE ENFORCEMENT OFFICER, XXVI, 513-Q, M.M.BUILDING, CCSB ROAD, KALLUPALAM – IRON BRIDGE P.O. ALAPPUZHA – 688011.*

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( ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 11/12/2018 IN CRL.M.A.NO.1/2018 IN CRL.M.C. NO.1039 OF 2015)*

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SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA, ADV. S. SUJIN STANDING COUNSEL FOR R2

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2018, ALONG WITH Crl.MC.No. 1040 of 2015 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.Nos.1039 & 1040/2015 2

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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 K.ABRAHAM MATHEW

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TUESDAY, THE 11TH DAY OF DECEMBER 2018 / 20TH AGRAHAYANA, 1940

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Crl.MC.No. 1040 of 2015

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AGAINST CC 635/2011 of J.M.F.C.-II(MOBILE),ALAPPUZHA CRIME NO. 428/2009 of Mararikulam Police Station, Alappuzha

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PETITIONER:

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K.S SHAJI AGED 61 YEARS S/O. C.V. SUSHEELAN, MANAGING DIRECTOR, M/S. KONCHERRY WEAVERS PVT LTD., MAYITHARA P.O, CHERTHALA, NOW RESIDING AT AYYAPPANCHERRY, VARANAM PO, CHERTHALA, ALAPPUZHA DISTRICT

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BY ADV. SRI.G.PRIYADARSAN THAMPI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING SUB INSPECTOR OF POLICE, MARARIKULAM POLICE STATION)

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2 THE ENFORCEMENT OFFICER EMPLOYEES PROVIDENT FUND ORGANIZATION, OFFICE OF THE ENFORCEMENT OFFICER, XXVI, 513-Q, M.M.BUILDING, CCSB ROAD, KALLUPALAM – IRON BRIDGE P.O. ALAPPUZHA – 688011.*

¶29

( ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 11/12/2018 IN CRL.M.A.NO.1/2018 IN CRL.M.C. NO.1040 OF 2015)*

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SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA, ADV. S. SUJIN STANDING COUNSEL FOR R2

¶31

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2018, ALONG WITH Crl.MC.No. 1039 of 2015 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.Nos.1039 & 1040/2015 3

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ORDER

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Petitioner is an accused in C.C.No. 622 of

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2011 and C.C.No.635 of 2011 on the file of the

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Judicial Magistrate of First Class-II,

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Alappuzha. He is alleged to have committed the

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offences under Section 406 IPC. He is a

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business man. The allegation is that he

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deducted contribution to the Provident Fund from

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his employees salary but failed to pay it into

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the fund. The proceedings are sought to be

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quashed on the ground that subsequent to the

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registration of the case the payments were made.

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petitioner and the learned Standing Counsel for

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the additional second respondent and the learned

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Public Prosecutor.

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It is not in dispute that the petitioner

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failed to pay into the fund the amount deducted

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Crl.MC.Nos.1039 & 1040/2015 4

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from the salary of his employees. The moment he failed to do so the offence became complete. Subsequent payment of the amount will not erase and efface the offence. Subsequent payment may at best affect the sentence that may be imposed on him. So the grounds urged in the Crl.M.C.s are not a valid ground to quash the proceedings in the trial court.

dismissed.

Sd/-

K.ABRAHAM MATHEW

JUDGE

MC/11.12.18

Crl.MC.Nos.1039 & 1040/2015 5

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APPENDIX of Crl.MC.No. 1039 of 2015

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 427/2009 OF MARARIKULAM POLICE STATION, ALAPPUZHA. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO. 662/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALAPPUZHA. ANNEXURE A3 TRUE COPIES OF THE LETTERS ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANIZATION (3 IN NUMBERS).

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RESPONDENT'S/S EXHIBITS:

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NIL

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APPENDIX of Crl.MC.No. 1040 of 2015

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 428/2009 OF MARARIKULAM POLICE STATION, ALAPPUZHA ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 635/2011 IF JUDICIAL FIRST CLASS MAGISTRATE COURT II, ALAPPUZHA ANNEXURE A3 TRUE COPIES OF THE LETTERS ISSUIED BY THE EMPLOYEES PROVIDENT FUND ORGANIZATION (3 IN NUMBERS)

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RESPONDENT'S/S EXHIBITS:

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NIL

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(TRUE COPY) PA TO JUDGE

K.S.Shaji v. State of Kerala

Case brief

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K.S.Shaji v. State of Kerala

Case brief

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