Allowed

Babu.v v. State of Kerala

Kerala HC1 Jun 2018Crl.MC/2312/2018

Case brief

AI extract

What is this about?

Petitioner accused of cheating and forgery filed a Criminal Misc. Case seeking quashing of criminal proceedings due to inordinate delay in FIR registration and having deposited the misappropriated amount. The High Court allowed the petition and quashed the case based on delay and petitioner's conduct.

What did the court decide?

The Criminal Case No. 679 of 2017 pending before the Judicial Magistrate of First Class, Nilambur is quashed.

Babu.v Vs State of Kerala — Quashing and FIR | 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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FRIDAY, THE 1ST DAY OF JUNE 2018 / 11TH JYAISHTA, 1940

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Crl.MC.No. 2312 of 2018

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AGAINST CC 679/2017 of J.F.C.M, NILAMBUR

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CRIME NO. 167/2016 OF VAZHIKADAVU POLICE STATION, MALAPPURAM

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PETITIONER/ACCUSED

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BABU.V., AGED 29, S/O. VEERAN, 'KALIMUTTAM' HOUSE, PATTAKARIMBU ST COLONY, KAVALAMUKKATTA P.O., POOKKOTTUMPADAM, MALAPPURAM DISTRICT.

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BY ADVS.SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G

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RESPONDENTS/DE FACTO COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VAZHIKKADAVU POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031.

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2. THE ASSISTANT SUPERINTENDENT OF POST OFFICES, OFFICE OF THE ASSISTANT SUPERINTENDENT OF POST OFFICE, DEPARTMENT OF POSTS, INDIA, MANJERI SUB DIVISION, MANJERI, MALAPPURAM DISTRICT- 676121.

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R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY SR.PUBLIC PROSECUTOR SRI.C.S.HRITHIK

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2312 of 2018 ()

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APPENDIX

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PETITION	ER(S)'	ANNEXUR	ES:
ANNEXURE	A1	TRUE 08.1	COPY OF THE 2.2018 ISSUED	COMMUNITY CERTIFICATE DATED BY TALUK OFFICE, NILAMBUR.
ANNEXURE	A2	TRUE NO.	COPY OF THE B3/213/MARUTH	LETTER OF ENGAGEMENT MEMO A DATED 20.09.2011.
ANNEXURE	A3	TRUE	COPY OF THE	COMPLAINT DATED 30.03.2016.
ANNEXURE	A4	TRUE	COPY OF THE	F.I.R. DATED 07.04.2016.
ANNEXURE	A5	TRUE	COPY OF THE	FINAL REPORT
ANNEXURE	A6	TRUE 01.1	COPY OF FILE 2.2017.	NO. MVW(13) 2584/2017 DATED
ANNEXURE	A7	TRUE NO.	COPY OF THE 237/2018/DOM	RELEVANT PAGES OF RANKED LIST DATED 18.03.2018.
ANNEXURE	-A8	TRUE	COPY OF THE	RECEIPT DTD 21.5.2018.

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RESPONDENT(S)' ANNEXURES:

NIL

/TRUE COPY/

VPS PS TO JUDGE

K.ABRAHAM MATHEW J.

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Crl.M.C. No.2312 of 2018

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Dated this the 1^st day of June, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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The petitioner is the accused in C.C. No.679 of 2017 on the

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file of the Judicial Magistrate of First Class, Nilambur. He is alleged to have committed offences under sections 409, 420, 468 and 471 IPC. The proceedings are sought to be quashed on the ground that there was inordinate delay in registering the case, which itself is sufficient to show that the allegation is false.

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

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The petitioner was working as Gramin Dak Sevak (Branch Post Master) at Marutha on contract basis. It is alleged that he has misappropriated certain amounts and forged certain documents. The alleged incident happened in the year 2013. The case was

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Crl.M.C. 2312 /18

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-:2:-

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registered only in 2016.

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It is true that there was inordinate delay in registering the

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case. It is also submitted that though the petitioner is innocent, he has deposited the amount involved in the incident to the credit of the department. The petitioner belonged to the Scheduled Tribe. Having regard to these facts, I am inclined to grant the prayer of the petitioner.

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In the result, this Crl.M.C is allowed. The proceedings in C.C. No.679 of 2017 on the file of the Judicial Magistrate of First Class, Nilambur are quashed.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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vps 1/6

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/True Copy/

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PS to Judge

Babu.v v. State of Kerala

Case brief

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Babu.v v. State of Kerala

Case brief

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