Dismissed

John K. Oomman v. State of Kerala

Kerala HC20 Mar 2018Crl.MC/1285/2018

Case brief

AI extract

What is this about?

Petitioner accused in CC 632/2014 sought quashing of final report under Section 482 Cr.P.C. alleging no offence occurred. Court held Section 482 is not substitute for discharge under Section 239 Cr.P.C. when facts do not attract alleged offence, dismissing petition.

What did the court decide?

Final report quashing petition dismissed; prosecutor not bound by petitioner's description of facts.

John K. Oomman 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 20TH DAY OF MARCH 2018 / 29TH PHALGUNA, 1939

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Crl.MC.No. 1285 of 2018

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CC 632/2014 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT(E&O),ERNAKULAM

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PETITIONER/1ST ACCUSED

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

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BY ADV.SRI.M.RAJENDRAN NAIR (THONNALLOOR)

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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. SALIM, S/O. ABDUL KHADER, AGED 58 YEARS, OLAVACODE HOUSE, NO. X/905-B, FORT KOCHI P.O., ERNAKULAM - 682 001.

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R1 & R2 BY SENIOR PUBLIC PROSECUTOR SRI. B.JAYASURYA

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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. 1285 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE I A TRUE COPY OF THE POWER OF ATTORNEY DATED 05.08.2004. ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15.01.2015 ISSUED BY THE FIRST ACCUSED AJAY GEORGE TO THE PETITIONER. ANNEXURE III THE CERTIFIED COPY OF THE FIR DTD. 28.04.2012 IN CRIME NO. 581/2012 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.632/2014 ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E.O) ERNAKULAM.

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RESPONDENT'S ANNEXURE

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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. 1285 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 first accused in CC No. 632 of 2014 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 406 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

What is this about?

What did the court decide?

John K. Oomman v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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