Disposed

John K. Oomman v. State of Kerala

Kerala HC20 Mar 2018Crl.MC/1284/2018

Case brief

AI extract

What is this about?

A criminal miscellaneous case where the petitioner, the second accused, sought quashing of the final report under Section 482 Cr.P.C. alleging no offence in facts. The court held that Section 482 Cr.P.C. is not a substitute for Section 239 Cr.P.C. and dismissed the petition.

What did the court decide?

The Crl.M.C. is dismissed to quash the final report; the petitioner to approach the trial court for discharge.

John K. Oomman Vs State of Kerala — Cheque Dishonour | 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 20TH DAY OF MARCH 2018 / 29TH PHALGUNA, 1939

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Crl.MC.No. 1284 of 2018

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CC 272/2015 ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT(E&O),ERNAKULAM

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PETITIONER/2ND ACCUSED

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JOHN K. OOMMAN,AGED 67 YEARS, S/O.KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN - 689 695.

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BY ADVS.SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 31.

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2. SUB INSPECTOR OF POLICE, E.T.SOUTH POLICE STATION, ERNAKULAM - 682 011.

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3. JOSHI JOSEPH, S/O.JOSEPH, AGED 56 YEARS, UNIVERS L.B.S.ROAD, BANDUP BHAGUM, WING STELLER 1804/A, PULIKODAN HOUSE, BANDUP P.O., MUMBAI DISTRICT, MAHARASTRA STATE - 400 001.

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BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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PBS

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Crl.MC.No. 1284 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURE

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ANNEXURE I A TRUE COPY OF THE POWER ATTORNEY DATED 5/8/2004 ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15/1/2015 ISSUED BY THE FIRST ACCUSED AJAY GEORGE TO THE PETITIONER ANNEXURE III THE CERTIFIED COPY OF THE FIR DTD.3/5/2015 IN CRIME NO.526/15 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE), ERNAKULAM. ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION 173(2) OF CR.P.C.AND THE CASE IS REGISTERED AS C.C. 272/2015 ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E.O.), ERNAKULAM.

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RESPONDENT'S ANNEXURE NIL

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/TRUE COPY/ PA TO JUDGE

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PBS 21/3/2018

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K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 1284 of 2018

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Dated this the 20^th day of March, 2018

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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2.The petitioner is the second accused in CC No. 272 of 2015 on the file of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam. He along with the co-accused has allegedly committed the offence under Section 420 of the Indian Penal Code. The final report is sought to be quashed on the ground that the facts of the case do not reveal commission of any offence by the petitioner.

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3.Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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4.The petitioner belongs to Ernakulam. The trial court is situated at Ernakulam. If the facts of the case do not attract the offence alleged against the petitioner, he may plead for discharge. Section 482 Cr.P.C. is not a substitute for Section 239 Cr.P.C. In the result, this Crl.M.C. is dismissed.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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bka/20.03.2018

John K. Oomman v. State of Kerala

Case brief

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John K. Oomman v. State of Kerala

Case brief

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