Allowed

P.L.Joy v. State of Kerala

Kerala HC6 Jul 2018Crl.MC/3565/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Kerala High Court quashed proceedings under Section 306 IPC against a petitioner and co-accused. The court held that the failure to discharge a debt from the deceased's insertion into a chit fund does not attract the offence of instigating suicide.

What did the court decide?

Proceedings in C.P. No.68 of 2017 are quashed so far as the petitioner is concerned.

P.L.Joy Vs State of Kerala — Cheating and Forgery | 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 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940

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Crl.MC.No. 3565 of 2018

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CRIME NO.1820/2016 OF KALADY POLICE STATION , ERNAKULAM

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-----------

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PETITIONER(S)/4TH ACCUSED

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P.L.JOY, SON OF LUIOUS, PALLIPPADAN HOUSE, CHEENAMCHIRA, CHULLY KARAYIL, AYAMPUZHA, ANGAMALY.

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BY ADVS.SRI.V.C.JAMES SRI.ANANDAN PILLAI

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RESPONDENT(S)/COMPLAINANT:

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

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BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3565 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE I TRUE COPY OF THE F.I.R. IN CRIME NO.1820 OF 2016 OF KALADY POLICE STATION.

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ANNEXURE II PHOTOCOPY OF THE AWARD DATED 25-11-2013, P.L.P.NO.561 OF 2013 OF KERALA LEGAL SERVICES AUTHORITY, ERNAKULAM.

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RESPONDENT(S)'ANNEXURES

/TRUE COPY/

11.07.2018

K.ABRAHAM MATHEW J.

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Crl.M.C. No.3565 of 2018

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Dated this the 6^th day of July, 2018

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ORDER

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Petitioner is the 4^th accused in C.P. No.68 of 2017 on the file of the Judicial Magistrate of First Class, Kalady. He and the coaccused have allegedly committed the offence under Sections 306 IPC. Police registered the case under Section 174 Cr.P.C. on getting information about the suicide of one Elias V.S. In his suicide note, he mentioned the names of five persons including the petitioner. The allegation in the final report is that the petitioner and the 5^th accused failed to pay the Chitty amount which Elias V.S. had remitted in the Rajasree Chit Funds run by the petitioner and the 5^th accused. One of the reasons for his committing suicide was the failure of the petitioner and the 5^th accused to discharge the debt. The proceedings are sought to be quashed for the reason that the facts of the case do not attract

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Crl.M.C. 3565/18

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-:2:-

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any offence so far as the petitioner is concerned.

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

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The specific allegation against the petitioner and the 5^th accused is that the deceased Elias V.S. had remitted certain amount in the Rajasree Chit Funds run by them and they failed to discharge the debt. Elias V.S. had collected the amount from several persons for remitting in the chit fund. His mental agony was one of the reasons for committing suicide. By no stretch of imagination it can be said that this fact will attract Section 306 IPC or any other offence. The proceedings as against the petitioner are liable to be quashed.

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In the result, this Crl.M.C. is allowed. The proceedings in C.P. No.68 of 2017 on the file of the Judicial Magistrate of First Class, Kalady 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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vps 9/7

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/True Copy/

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PS to Judge

P.L.Joy v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.L.Joy v. State of Kerala

Case brief

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What did the court decide?

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