Dismissed

Mathew Prasad v. State of Kerala

Kerala HC9 Oct 2019Crl.MC/4918/2019

Case brief

AI extract

What is this about?

This criminal miscellaneous case sought to quash a charge sheet filed under Sections 420 IPC read with 34 IPC for alleged cheating. The court dismissed the petition, holding that without examining police witness statements, no prima facie case could be assessed and disputed factual questions cannot be decided under Section 482 Cr.P.C.

What did the court decide?

Petition dismissed; petitioners granted liberty to file for discharge before the court below.

Mathew Prasad Vs State of Kerala — Cheating and Forgery | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

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Crl.MC.No.4918 OF 2019(D)

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CC 158/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM

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CRIME NO.1113/2018 OF Pothanikadu Police Station , Ernakulam

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PETITIONERS:

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1 MATHEW PRASAD

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AGED 40 YEARS

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S/O. A.M. PRASAD, SHORT STORIES APARTMENT, BHAVANA NAGAR, ANGAMALY, ERNAKULAM DISTRICT.

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2 A.M. PRASAD, AGED 60 YEARS

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S/O. MATHEW, GRACE VILLAGE, MULLARINGADU POST

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OFFICE, IDUKKI-685607.

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BY ADV. SRI.K.P.UNNI

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 STATION HOUSE OFFICER, POTHANIKADU POLICE STATION, MUVATTUPUZHA VAZHI,

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3 AYPPU SCARIA, AGED ABOUT 70 YEARS, ELAVUMKUDIYIL HOUSE, POTHANIKADU, MUVATTUPUZHA VAZHI, ERNAKULAM DISTRICT.

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R3 BY ADV. SMT.V.SHYLAJA

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R3 BY ADV. SRI.A.T.ANILKUMAR

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R1 SMT V SRREJA -PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4918 OF 2019(D)

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R. NARAYANA PISHARADI, J

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Crl.M.C No.4918 of 2019

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Dated this the 09^th day of October, 2019

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O R D E R

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This is an application filed under Section 482 Cr.P.C for quashing the final report (charge sheet) filed by the police against the petitioners in Crime No. 1113/2018 of Pothanikadu Police Station.

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The case against the petitioners was registered on the basis

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of the complaint made by the third respondent. After completing the investigation of the case, the police has filed charge sheet against the petitioners for the offence punishable under Section 420 read with 34 IPC.

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As per the charge sheet, the allegation against the petitioners is that, they had obtained a total amount of Rs.6,49,500/from the third respondent on the promise that they would arrange job abroad for his son. It is alleged that they did not arrange any such job and they also did not return the money to the third respondent and thereby, they have committed the offence punishable under Section 420 read with 34 IPC.

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Heard the learned counsel for the petitioners and the third respondent and the learned Public Prosecutor.

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Crl.MC.No.4918 OF 2019(D)

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It is stated in the petition that the complaint filed by the third respondent was false and that the third respondent had created bogus documents to extract money from the petitioners. Therefore, it is prayed that the charge sheet filed against the petitioners in the case may be quashed.

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The petitioners have not produced the statements of the witnesses recorded by the police. Without looking into the statements of the witnesses, the court cannot decide whether there is any prima facie case against the petitioners. Even otherwise, in a proceedings under Section 482 Cr.P.C, this Court cannot decide disputed questions of facts.

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Confronted with the aforesaid situation, the learned counsel

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for the petitioners submitted that they may be granted liberty to approach the court below for filing appropriate application for discharge.

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Consequently, the petition is dismissed. The petitioners are at liberty to file appropriate application before the court below for discharge. If any such application is made, the court below shall consider it and dispose of it, as expeditiously as possible.

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Sd/-R. NARAYANA PISHARADI JUDGE

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lsn

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Crl.MC.No.4918 OF 2019(D)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 COPY OF CHARGE SHEET IN CC NO.158/2019 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II OF KOTHAMANGALAM DATED 12.05.2019.

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ANNEXURE 2 COPY OF THE COMPLAINT SUBMITTED BY THE DEFACTO COMPLAINANT DATED 04.12.2018.

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ANNEXURE 3 COPY OF APPOINTMENT LETTER DATED 23.09.2014 ISSUED BY STATE BANK OF INDIA LIFE INSURANCE AUTHORITY.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Mathew Prasad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mathew Prasad v. State of Kerala

Case brief

What is this about?

What did the court decide?

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