Petitioner challenged the criminal proceedings under sections 405, 415, 417 and 420 IPC alleging it was a civil dispute over a loan. The Court held the allegations did not constitute an offence as the dispute was purely civil.
Crl.M.C. No. 471 of 2018 allowed; proceedings in Crime No. 554 of 2017 quashed.
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
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 17TH DAY OF JULY 2018 / 26TH ASHADHA, 1940
Crl.MC.No. 471 of 2018
CRIME NO. 554/2017 OF MUSEUM POLICE STATION , THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED :-
IBRAHIM THOLOOKKA MEERAN AGED 58 YEARS,POST BOX NO-118554,DUBAI,UNITED ARAB EMIRATES,HAVING INDIAN ADDRESS AT NEAR ST.MARY'S SCHOOL, PATHANAPURAM.P.O,KOLLAM DISTRICT.
BY ADVS.SRI.P.RAVEENDRAN PILLAI SMT.INDIRA RAVEENDRAN
RESPONDENT(S)/STATE & COMPLAINANT :-
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,ON BEHALF OF THE SI OF POLICE,IN CRIME NO.554/2017 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM.
2. VISWANATHA.P.PANICKER, S/O.PARAMESWARA PANICKER,9B,HEERA GATE,VAZHUTHACAUD, THIRUVANANTHAPURAM,MUSEUM,PIN-.
R2-R3 BY ADV. SRI.D.ANIL KUMAR R3 BY ADV. SRI.M.P.WILSON R1 BY SRI.ALEX M THOMBRA, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 471 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES :-
| ANNEXURE A-1 | TRUE COPY OF FIR IN CRIME NO.554/2017 ON THE FILES OF THE MUSEUM POLICE STATION,DATED 6/4/2017 |
|---|---|
| ANNEXURE A-2 | CERTIFIED COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE,NRI CELL DATED 10.1.2017. |
| ANNEXURE A-3 | TRUE COPY OF CERTIFIED COPY OF THE FIR IN CRIME NO.554/2017 AND THE COMPLAINANT FILED BY THE SECOND RESPONDENT AND HIS SON,'VINEETH VISWANATHAN' WHICH IS NUMBERED AS CMP NO.808/2017 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. |
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
K.ABRAHAM MATHEW, J.
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Crl.M.C. No. 471 of 2018
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Dated this the 17th day of July, 2018
O R D E R
Petitioner is the accused in Crime No. 554 of 2017 of Museum police station registered for the offences under sections 405, 415, 417 and 420 IPC. The second respondent along with his son filed a complaint before the Judicial Magistrate of First Class concerned, who forwarded it to the police under section 156 (3) Cr.P.C. The case was registered pursuant to the order passed by the learned Magistrate. The proceedings are sought to be quashed on the ground that the transaction discloses that it is only a civil dispute.
Crl.M.C. No. 471 of 2018
2
amount in his hotel business. The allegations do not constitute any offence. The dispute is purely of civil in nature. The proceedings are liable to be quashed.
In the result this Crl.M.C is allowed. The proceedings in
Crime No.554 of 2017 of Museum police station are quashed.
Sd/-
K. ABRAHAM MATHEW JUDGE
//True Copy//
PA TO JUDGE
SMA
1 issue framed by the court
Whether the proceedings in the criminal case registered under sections 405, 415, 417 and 420 IPC ought to be quashed since the dispute is purely of civil nature.
3 provisions across 2 enactments
Ibrahim Thoolookka Meeran
State of Kerala represented by the Public Prosecutor
Viswanatha. P. Panicker
Vineeth Viswanathan
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
