Single judge bench dismissed a criminal miscellaneous petition seeking to quash criminal proceedings. The court held that absence of an appraiser is not relevant at this stage since prima facie materials indicate a pledge of spurious gold as security for a loan. Quashing of proceedings against co-accused is also unrelated.
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 12TH DAY OF JULY 2018 / 21ST ASHADHA, 1940
Crl.MC.No. 4153 of 2018
IN CC 787/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM
CRIME NO. 288/2012 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED :-
1 ABDUL MANSAF C.K. S/O.PARIYEYI, AGED 36 YEARS, CHUNDAKUZHIYIL HOUSE, PILASSERY P.O., KUNNAMANGALAM
BY ADVS.SRI.NIRMAL. S
SMT.VEENA HARI
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, THROUGH S.I. OF POLICE MEDICAL COLLEGE POLICE STATION, KOZHIKODE-673 001
2. THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, KOZHIKODE-673002.
BY SRI.ALEX M THOMBRA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4153 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES :-
ANNEXURE A1 CERTIFIED COPY OF THE FIR NO.135/2011 DT.16/02/2011 ANNEXURE A2 TRUE COPY OF THE COMPLAINT DATED 09/02/2011 ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT NO.288/2012 DT.28/04/12 ANNEXURE A4 TRUE COPY OF THE ORDER DATED 28/09/17 IN CRL.M.C.1880/2017
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
K.ABRAHAM MATHEW, J.
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Crl.M.C. No. 4153 of 2018
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Dated this the 12th day of July, 2018
O R D E R
The petitioner is the first accused in C.C.No.787 of
2017 on the file of the Judicial Magistrate of First Class, Kunnamangalam. He is alleged to have borrowed money from a Co-operative Society pledging spurious gold ornaments. The proceedings are sought to be quashed on the ground that there was no appraiser in the co-operative Bank and he is innocent.
Crl.M.C. No. 4153 of 2018
-:2:-
to 4 were quashed by this court. That also is not a ground to
quash the proceedings against the petitioner.
In the result Crl.MC is dismissed.
Sd/-
K.ABRAHAM MATHEW, JUDGE
//TRUE COPY//
PA TO JUDGE
SMA
1 issue framed by the court
Whether criminal proceedings for cheating by pledging spurious gold ornaments can be quashed on the ground of absence of an appraiser or prior quashing of proceedings against co-accused.
ABDUL MANSAF C.K.
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
