R.Sankar v. E.S.Mani
Case brief
What is this about?
Single Judge High Court of Kerala allowed Criminal Miscellaneous petition quashing an FIR registered for cheating and criminal breach of trust alleges lack of bona fides delay and generalized allegations noting dispute over membership status.
What did the court decide?
The proceedings in Crime No.386 of 2012 of Thiruvallam Police station are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940
Crl.MC.No. 2413 of 2015
CRIME NO. 386/2012 OF Thiruvallam Police Station , Thiruvananthapuram
PETITIONER/S:
R.SANKAR SECRETARY, SOCIAL JUSTICE FOUNDATION, M.G.COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM
BY ADVS. SRI.R.KRISHNA RAJ SRI.BIJITH S.KHAN
RESPONDENT/S:
1 E.S.MANI TC.21/1255, PANAVILA VEEDU, NEDUNGAD, KARAMANA, THIRUVANANTHAPURAM
2 CIRCLE INSPECTOR OF POLICE NEMAM, THIRUVANANTHAPURAM
Issues for consideration
3 issues framed by the court
Whether the FIR filed under sections 403, 406 and 418 IPC lacks bona fides and should be quashed.
Whether the delay in filing the complaint despite prior knowledge of alleged misappropriation indicates malice.
Whether the allegations in the FIR are generalized and unspecific enough to justify quashing.
Parties & counsel
- petitioner
R.SANKAR
- respondent
E.S.MANI
- respondent
CIRCLE INSPECTOR OF POLICE NEMAM, THIRUVANANTHAPURAM
- respondent
SUB INSPECTOR OF POLICE THIRUVALLAM
Coram
Case details
As recorded by the court registry
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