Single judge of High Court of Kerala dismissed criminal miscellaneous petition to quash proceedings under Section 17 of Kerala Money Lenders Act, holding that public interest precludes dismissal despite civil nature allegations.
The criminal miscellaneous petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 22ND DAY OF MARCH 2018 / 1ST CHAITHRA, 1940
Crl.MC.No. 1367 of 2018
CC 158/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM
PETITIONER/ACCUSED
SANKARA NARAYANAN, AGED 69 YEARS, S/O. KRISHNAN, HOUSE NO.40/7207, WADAKKE MADOM, GOPALAPRABHU ROAD, ERNAKULAM.
BY ADV.SRI.P.A.MUJEEB
RESPONDENT(S)/STATE CW-1:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
2. GIRIJAMANI AGED 55 YEARS, W/O. GOPALAKRISHNAN, KRISHNA NIVAS, NILAMPATHINJA ROAD, KAKKANAD, ERNAKULAM.
R1 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PBS
Crl.MC.No. 1367 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES
| ANNEXURE A1 |
CERTIFIED COPY OF FIR IN CRIME NO.1219/2015 OF CENTRAL POLICE STATION, ERNAKULAM |
|---|---|
| ANNEXURE A2 |
CERTIFIED COPY OF CHARGE SHEET IN CC NO 158/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM |
| ANNEXURE A3 |
TRUE COPY OF THE AGREEMENT DATED 16.9.2014 ENTERED INTO BETWEEN THE PETITIONER AND 2ND RESPONDENT |
| ANNEXURE A4 |
TRUE COPY OF THE ORDER DATED 1.3.2016 IN OS NO 1001/2015 OF ADDL. MUNSIFF COURT AND RENT CONTROL COURT, ERNAKULAM |
| ANNEXURE A5 |
TRUE COPY OF THE ORDER DATED 25.11.2015 IN OS NO 410/2015 OF MUNSIFF COURT, ALUVA |
RESPONDENT'S ANNEXURE NIL /TRUE COPY/ PA TO JUDGE
PBS
24/3/2018
K. ABRAHAM MATHEW, J.
============== Crl.M.C.No. 1367 of 2018 ==================
Dated this the 22nd day of March, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
on the file of the Chief Judicial Magistrate Court, Ernakulam. He is alleged to have committed the offence under Section 17 of the Kerala Money Lenders Act. The proceedings are sought to be quashed on the ground that the dispute is essentially of a civil nature and the first informant has no grievance against the petitioner.
that the informant has no grievance is true, the proceedings cannot be quashed because public interest is
Crl.M.C.No. 1367 of 2018
2
involved in this case.
With the above observations, this Crl.M.C is
dismissed.
Sd/-K. ABRAHAM MATHEW Judge
lsn
2 issues framed by the court
Whether the criminal proceedings under Section 17 of the Kerala Money Lenders Act can be quashed under Section 482 Cr.P.C. on the ground that the dispute is of a civil nature and no grievance was made
Whether the absence of a grievance by the first informant prevents quashing of criminal proceedings involving public interest.
2 provisions across 2 enactments
SANKARA NARAYANAN
THE STATE OF KERALA
GIRIJAMANI
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
