Allowed

A.M.Manju v. State of Kerala

Kerala HC11 Dec 2018Crl.MC/2323/2017

Case brief

AI extract

What is this about?

This Criminal Miscellaneous case quashed criminal proceedings against a petitioner who was a court-appointed commissioner under SARFAESI Act. The court held that since she was an officer of the court, no sanction under section 197 Cr.P.C. was required.

What did the court decide?

Criminal proceedings in C.C. No. 1/2016 before the Judicial Magistrate, Kanjirappally, are quashed so far as the petitioner is concerned.

A.M.Manju 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 11TH DAY OF DECEMBER 2018 / 20TH AGRAHAYANA, 1940

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Crl.MC.No. 2323 of 2017

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AGAINST THE ORDER IN CMP 516/2015 of CHIEF JUDICIAL MAGISTRATE, KOTTAYAM

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IN CC 1/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY

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PETITIONER/4TH ACCUSED :-

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A.M.MANJU AGED 27 YEARS, D/O A.D. MADHUKUMAR, ADVOCATE, BAR ASSOCIATION, COURT COMPLEX, KOTTAYAM, RESIDING AT AMBIYIL HOUSE, CHAMAMPATHAL, VAZHOOR, KOTTAYAM DIST.

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BY ADVS. SRI.D.KISHORE SMT.MEERA GOPINATH SMT.MINI GOPINATH SRI.MURALEEKRISHNAN R

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RESPONDENTS/STATE & DEFACTO COMPLAINANT :-

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1 STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 K.C BABU S/O CHELLAPPAN ACHARI, NADARAJA BHAVAN, KANJIRAPPALLY P.O. KOTTAYAM DIST - 686 507.

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BY ADV. SRI.A.K.HARIDAS SRI.ALEX M THOMBRA SR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2323 of 2017

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ORDER

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Petitioner is the 4th accused in C.C.No.l of 2016 on the file of the Judicial Magistrate of First Class-I, Kanjirappally. She is a practicing advocate at Kottayam. In CMP No. 516 of 2015 filed under section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), Chief Judicial Magistrate, Kottayam appointed her commissioner to take possession of the secured property. Accordingly, with police assistance she took possession of the

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property. The second respondent claims to be the tenant of the building in the property. He claims that he is entitled to the protection of the KBLR Act. After the property was taken possession of, he filed Annexure-A8 complaint before the Judicial Magistrate of First Class-I, Kanjirappally. The learned Magistrate took cognizance of the offence under section 323, 324, 342, 427 and 452 IPC. The

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allegation is that the petitioner trespassed into

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Crl.MC.No. 2323 of 2017

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the property and officers of the creditor bank and the police officers assaulted the members of his family and committed mischief in the property.

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2. It is an admitted fact that on getting the

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commission warrant the petitioner went to the property along with the officers of the bank and some police officers. It is alleged that the police

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officers assaulted the members of the second respondent's family and committed mischief in the property. There is not even an allegation against the petitioner that she committed the offence of assault or mischief. There is no dispute that the petitioner went to the property only to execute the warrant issued by the competent court. Her entry

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into the property did not amount to trespass. Even if it is assumeded that it amounted to an offence, she cannot be prosecuted unless sanction has been obtained under section 197 Cr.P.C. since she became an officer of the court on accepting the commission warrant. No sanction has been obtained in this case.

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Thus, in any view of the matter, the learned

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Crl.MC.No. 2323 of 2017

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Magistrate was wrong in proceedings against the petitioner. The proceedings are liable to be quashed so far as she is concerned.

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In the result, this Crl.M.C is allowed. The

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proceedings in C.C.No. 1 of 2016 on the file of the Judicial Magistrate of First Class-I, Kanjirappally are quashed so far as the petitioner is concerned.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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SMA

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Crl.MC.No. 2323 of 2017

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APPENDIX

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PETITIONER'S/S ANNEXURES :-

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ANNEXURE 1	THE COPY OF THE MC 516 OF 2O16 FILED BY M/S STATE BANK OF INDIA BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM
ANNEXURE II	TRUE COPY OF THE ORDER DATED 19-02-15 IN CMP 516/15 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM
ANNEXURE III	TRUE COPY OF THE REQUEST DATED 21-5-15 SUBMITTED BY THE PETITIONER BEFORFE THE SUB INSPECTOR OF POLICE, KANJIRAPPALLAY ALONG WITH THE RELEVANT EXTRACT OF THE GENERAL DAIRY
ANNEXURE IV	TRUE COPY OF THE REPORT DATED 22-5-2015 ALONG WITH THE CONNECTED RECORDS SUBMITTED BY THE ADVOCATE COMMISSIONER (PETITIONER) BEFORE THE COURT
ANNEXURE V	TRUE COPY OF THE ORDER DAED 30-7-15 IN CMP 1643/2015 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM
ANNEXURE VI	TRUE COPY OF THE REPORT DATED 17-8-15 ALONG WITH THE CONNECTED RECORDS SUBMITTED BY THE ADVOCATE COMMISSIONER (PETITIONER) BEFORE THE COURT
ANNEXURE VII	TRUE COPY OF THE COMMON ORDER DATED 9-1- 17 IN CMP 1643/2015, CAMP 2658/2016 AND AMP 2176(A)2016 IN CAMP 516/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM
ANNEXURE VIII	TRUE COPY OF THE COMPLAINT FILED AS CMP 3409/15 WHICH HAS BEEN TAKEN IN TO FILE AS CC 1/2016 OF JFMC-1, KANJIRAPPALLY
ANNEXURE IX	TRUE COPY OF THE PROCEEDINGS DATED 4-1- 2016 IN CMP 3409/2015 OF JFMC-I, KANJIRAPPALLY

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RESPONDENT(S)' ANNEXURES :- NIL

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SMA

A.M.Manju v. State of Kerala

Case brief

What is this about?

What did the court decide?

A.M.Manju v. State of Kerala

Case brief

What is this about?

What did the court decide?

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