This single-judge criminal miscellaneous order quashes criminal proceedings against the petitioner as the 2nd accused. The court held the petitioner did not participate in the loan transaction or record manipulation, as only the 1st accused executed an equitable mortgage with the bank.
Further proceedings in CC.934/2015 against the petitioner alone 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 B.KEMAL PASHA
MONDAY, THE 26TH DAY OF FEBRUARY 2018 / 7TH PHALGUNA, 1939
Crl.MC.No. 718 of 2018
CC.NO.934/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,NEDUMANGAD CRIME NO.1143/2012 OF ARYANAD POLICE STATION,THIRUVANANTHAPURAM
PETITIONER/ACCUSED (A2):
SAJIKUMAR, AGED 42 YEARS, S/O.CHRISTHUDAS, THAIPLANKALA VEEDU, NEAR C.S.I. CHURCH, KAVUVILA,MANALOOR, NEYYATTINKARA VILLAGE.
BY ADVS.SRI.R.T.PRADEEP
SRI.A.ABDUL RASHEED
RESPONDENT/STATE:
THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts 27/02/2018
Crl.MC.No. 718 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE I. CERTIFIED COPY OF F.I.R DATED 14.12.2012 IN CRIME NO.1143/2012 OF ARYANAD POLICE STATION ANNEXURE II. CERTIFIED COPY OF FINAL REPORT DATED 20.07.2015 IN CRIME NO.1143/2012 OF ARYANAD POLICE STATION WHICH IS NOW PENDING AS C.C.NO.934/2015 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGADU ANNEXURE III. TRUE COPY OF C.M.P. NO.5406/2012 DATED 2.11.2012 BEFORE JFCM-I, NEYYATTINKARA ANNEXURE IV. TRUE COPY OF DECREE DATED 24.7.2015 IN O.S.NO.994/2012 BY THE COURT OF ADDITIONAL MUNSIFF-I, NEYYATTINKARA ANNEXURE V. TRUE COPY OF CERTIFICATE NIL DATED ISSUED BY THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD. ANNEXURE VI. TRUE COPY OF ORDER DATED 13.06.2017 IN B.A.NO.3731/2013 ANNEXURE VII. TRUE COPY OF TAX RECEIPT DATED 25.06.2012
RESPONDENT'S ANNEXURES:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
27/02/2018
B. KEMAL PASHA, J.
Crl.M.C. No.718 of 2018
Dated this the 26th day of February, 2018
~ ~ ~ ~ ~ ~
Petitioner is the 2nd accused in CC.934/2015 of
the Judicial First Class Magistrate's Court-I, Nedumangad, based on Annexure-II final report in Crime No.1143/2012 of Aryanad Police Station, for the offences under Sections 420, 406, 468 and 471 read with Section 34 IPC.
Crl.M.C.718/2018
: 2 :
off the terms 'reclaimed paddy field'. It is alleged that the 1st accused had created a sale deed in respect of the property in favourof the 2nd accused.
Crl.M.C.718/2018
: 3 :
cannot be fault with in the matter. Therefore, all further proceedings in CC.934/2015 of the Judicial First Class Magistrate's Court-I, Nedumangad in Crime No.1143/2012 of Aryanad Police Station as against the petitioner alone, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in CC.934/2015 of the Judicial First Class Magistrate's Court-I, Nedumangad in Crime No.1143/2012 of Aryanad Police Station as against the petitioner alone, are quashed.
Sd/- B.KEMAL PASHA, JUDGE
aks/26/02
// True Copy //
PS to Judge
3 issues framed by the court
Whether the petitioner, who was not involved in the loan transaction, can be held criminally liable for falsifying records regarding an equitable mortgage.
Whether the transfer of mortgaged property involves criminal liability when the transferor steps into the shoes of the mortgagor subject to mortgage liability.
Whether the proceedings against the petitioner alone in the criminal complaint should be quashed.
1 provisions across 1 enactments
Sajikumar
The State
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
