The High Court of Kerala dismissed an application under Section 482 CrPC seeking quashing of an FIR for cheating. The court upheld that the FIR disclosed ingredients of Section 420 IPC and ruled that Central Government sanction is not needed for investigation of such offences alleged to be committed outside India.
Petition dismissed; prosecution proceeds for investigation.
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 R. NARAYANA PISHARADI
FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941
Crl.MC.No.3289 OF 2019(A)
CRIME NO.78/2019 OF Yeroor Police Station , Kollam
PETITIONER/ACCUSED:
NAZEER
AGED 44 YEARS S/O.ABUBAKER, M.S.MANZIL, BHARATHEEPURAM P.O., ANCHAL, PUNALUR, KOLLAM
BY ADV. SRI.B.MOHANLAL
RESPONDENTS/COMPLAINANT:
1 STATE REPRESENTED BY THE STATION HOUSE OFFICER, YEROOR POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ENRAKULAM
2 MUHAMMED SALIM, S/O. ISMAIL PILLA, ASMAS VILLA, PATHADAY,YEROOR VILLAGE, ANCHAL, PUNALUR, KOLLAM
R2 BY ADV. SRI.ANIL K.MOHAMMED R2 BY ADV. SRI.V.S.MANSOOR R2 BY ADV. SRI.P.G.GOKULNATH R2 BY ADV. SMT.BINU K.B. R1 BY SRI E C BINEESH-PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.10.2019, THE COURT ON 18.10.2019 PASSED THE FOLLOWING:
Crl.MC.No.3289 OF 2019(A)
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R. NARAYANA PISHARADI, J
Crl.M.C No.3289 of 2019
Dated this the 18th day of October, 2019
O R D E R
This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for quashing Annexure-A1 first information report in Crime No. 78/2019 of Yeroor Police Station, which is registered against the petitioner under Section 420 IPC.
Crl.MC.No.3289 OF 2019(A)
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the first information statement do not constitute the ingredients of an offence punishable under Section 420 IPC. The averments in the complaint have to be considered as a whole to find out whether they disclose commission of any offence. The son of the de facto complainant would not have entered into any transaction with the petitioner, if the petitioner had not made him and also the second respondent to believe that he would take the goods from the shop and sell them and pay them the money. The first information statement is
given by the father of the victim. It may not contain all details with regard to the transaction. The case is at the investigation stage. Only a detailed investigation can reveal the nature of the transaction
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between the parties. Prima facie, the averments in the first information statement reveal that the petitioner had deceived the son of the second respondent and cheated him.
Sd/- R. NARAYANA PISHARADI JUDGE
lsn
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 THE TRUE CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.78/2019 OF YEROOR POLICE STATION IN KOLLAM DISTRICT ANNEXURE-A2 THE TRUE COPY OF THE EMIGRATION AND VISA DETAILS OF THE PETITIONER
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
2 issues framed by the court
Whether the averments in the first information statement disclose an offence under Section 420 IPC.
Whether sanction of the Central Government is required for investigation of an offence committed outside India by an Indian citizen under proviso to Section 188 CrPC.
Colour shows how this judgement treated each authority
Muhammad Rafi v. State of KeralaExplained¶34
: 2009(1) KLT 943
3 provisions across 2 enactments
Nazeer
State
Muhammad Salim
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R. Narayana Pisharadi
Parties & counsel
