The High Court of Kerala allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings for cheating and criminal breach of trust. The court found the matter settled with no public interest involved and granted the prayer.
The proceedings in Crime No.251 of 2018 of Thevara Police Station are 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
FRIDAY ,THE 07TH DAY OF SEPTEMBER 2018 / 16TH BHADRA, 1940
Crl.MC.No. 5188 of 2018
CRIME NO. 251/2018 OF Ernakulam South Police Station , Ernakulam
PETITIONER/S:
ARAVIND SHANKAR AGED 27 YEARS S/O.LATE SURESH KUMAR, GOKULAM KOLADI,PARAMBIL HOUSE, VENNALA.
BY ADV. SRI. SAIBY JOSE KIDANGOOR
RESPONDENT/S:
1 THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031.
2 SUB INSPECTOR OF POLICE THEVARA POLICE STATION, ERNAKULAM-682 003. 3 JOSEY A.L. AGED 48 YEARS S/O.LONAN A.O., ANAMTHURUTHY HOUSE,KADAVANTHARA, ERNAKULAM-682 021.
ADDL. R4 IMPLEADED 4 JOSEPH JACOB,S/O.K.P.JACOB, AGED 45 YEARS, MARAKKAMVEEDU HOUSE, SOUTH KALOOR, ERNAKULAM DISTRICT IS IMPLEADED AS ADDL.R4 AS PER ORDER DATED 07.09.18 IN CRL.M.A 2/18 IN CRL.M.C 5188/18
BY ADVS. SRI. AASHIQUE AKTHAR HAJJIGOTHI SRI.AASHIQUE AKTHAR HAJJIGOTHI SRI.C.S.HRITHWIK SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5188 of 2018 2
ORDER
Petition filed under Section 482 Cr.P.C.
In the result, this Crl.M.C is allowed. The proceedings in Crime No.251 of 2018 of Thevara Police Station are quashed.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
Crl.MC.No. 5188 of 2018 3
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE-A CERTIFIED COPY OF THE FIR NO.251/18 DATED 09.02.2018 OF THEVARA POLICE STATION
ANNEXURE-B TRUE COPY OF THE AFFIDAVIT ON THE 3RD RESPONDENT/DEFACTO COMPLAINANT
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the proceedings in the trial court should be quashed as the matter has been settled and no public interest is involved?
1 provisions across 1 enactments
ARAVIND SHANKAR
THE STATE OF KERALA
SUB INSPECTOR OF POLICE THEVARA POLICE STATION
JOSEY A.L.
JOSEPH JACOB
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
