High Court, Kerala dismissed Criminal Miscellaneous Petition No. 3360 of 2018 seeking quashing of criminal proceedings against the petitioner. The court noted prior trial findings that forgery could not be established, rendering the prosecution case unsustainable under Section 482 Cr.P.C.
Entire proceedings in CC No. 39/2015 against the petitioner were 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 R. NARAYANA PISHARADI
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
Crl.MC.No.3360 OF 2018
CC NO.39/2015 OF THE CHIEF JUDICIAL MAGISTRATE COURT,PALAKKAD
CRIME NO.250/2010 OF Palakkad Town South Police Station , Palakkad
PETITIONER/ACCUSED:
ABDUL KADER
AGED 31, S/O.MOHAMMED, VYSHATTIL HOUSE, KARAKKURUSSI P.O., MANNARKKAD, PALAKKAD.
BY ADV. SRI.K.R.ARUN KRISHNAN
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA,ERNAKULAM, PIN - 682 031.
*** ADDL.R2 IMPLEADED**
2 BRD SECURITIES LTD. MERCY COLLAGE JUNCTION BRANCH,SHORNUR ROAD PALAKKAD,REP. BY MANAGER
R1 SMT V SREEJA-PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30-09-2019, THE COURT ON 10-10-2019 PASSED THE FOLLOWING:
Crl.MC.No.3360 OF 2018
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R. NARAYANA PISHARADI, J
Crl.M.C No.3360 of 2018
Dated this the 10th day of October, 2019
O R D E R
This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case C.C No. 39/2015 on the file of the Court of the Chief Judicial Magistrate, Palakkad, which is based on Annexure-2 final report filed in Crime No. 250/2010 of Palakkad Town South police station.
Crl.MC.No.3360 OF 2018
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transaction and that the first and the second accused forged documents and fraudulently and dishonestly transferred the vehicle to some other person and caused wrongful loss to BRD Securities Limited.
Crl.MC.No.3360 OF 2018
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Public Prosecutor has no case that the State has filed any appeal against the judgment of the trial court in the case C.C No. 130/2010. Moreover, the dispute in the case has got a civil flavour because the allegation against the petitioner herein is that inspite of availing loan from the de facto complainant company, he did not repay the amount. At any rate, continuation of the prosecution against the petitioner herein would not serve any useful purpose. In these circumstances, I find that the power of this Court under Section 482 Cr.P.C can be exercised to quash the proceedings against the petitioner.
In the result, the petition is allowed. The entire proceedings against the petitioner in the case C.C No. 39/2015 on the file of the Court of the Chief Judicial Magistrate, Palakkad, which is based on Annexure-2 final report in Crime No. 250/2010 of Town South police station, Palakkad, are hereby quashed.
Sd/-R. NARAYANA PISHARADI JUDGE
lsn
Crl.MC.No.3360 OF 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1: CERTIFIED COPY OF THE FIR IN CRIME NO.250/2010 OF PALAKKAD TOWN SOUTH POLICE STATION DATED 20/04/2010.
ANNEXURE 2: CERTIFIED COPY OF THE FINAL REPORT IN CC NO.160/2015 OF PALAKKAD TOWN SOUTH POLICE STATION DATED 30/07/2010.
ANNEXURE 3: CERTIFIED COPY OF THE JUDGMENT IN CALENDER CASE NO.130 OF 2010 DATED 29/01/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD. PETITION FOR STAY.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
3 issues framed by the court
Whether Criminal Miscellaneous No. 3360 of 2018, seeking quashing of proceedings based on final order in CC No. 130/2010, is maintainable under Section 482 Cr.P.C.
Whether the substratum of the prosecution case is lost since the trial court acquitted the accused on grounds of lack of proof regarding forgery and transfer of vehicle.
Whether continuing the prosecution serves any useful purpose given the civil flavour of the dispute and prior acquittal findings.
Colour shows how this judgement treated each authority
(null)Referred
1 provisions across 1 enactments
Abdul Kader
State of Kerala
BRD Securities Ltd.
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
