The High Court dismissed a petition under Section 482 CrPC seeking quashing of a final report alleging criminal breach of trust and cheating. The Court held documents are movable property and the petitioner was not persuaded to quash the proceedings.
The petition for quashing the final report under Section 482 CrPC was dismissed.
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
WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941
Crl.MC.No.5389 OF 2015
CC NO.1148/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PERAMBRA
PETITIONER/ACCUSED:
SREEKANTH
AGED 36 YEARS S/O.SREEDHARAN NAIR, VETTANKARANKANDI, NANMANDA, KOZHIKODE
BY ADVS. SRI.A.RAJASIMHAN SHRI.K.NIRMALAN
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
ADDL.R2 IMPLEADED
ADDL.R2 SUNIL DUTT, NO.46/14,S/O SREEDHARAN NAIR GOKULAM HOUSE, MITHALE VEETIL, VATTOLI BAZAR, KOZHIKODE
IS IMPLEADED AS ADDL.2ND RESPONDENT AS PER ORDER DATED 17.01.2017 IN CRL.M.A. NO. 2028/2016 IN CRL.M.C.5389/2015.
R1 SRI E C BINEESH-PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.10.2019, THE COURT ON 23.10.2019 PASSED THE FOLLOWING:
Crl.MC.No.5389 OF 2015
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R.NARAYANA PISHARADI, J ************************ Crl.M.C.No.5389 of 2015
Dated this the 23rd day of October, 2019
O R D E R
This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for quashing Annexure-A2 final report filed against the petitioner in Crime No.353/2014 of Balussery police station.
Crl.MC.No.5389 OF 2015
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entire allegations against the petitioner in the final report are accepted as true, the offences alleged against him are not attracted.
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which the petitioner must be relegated to invoke the ordinary provisions of the Code to claim premature termination of the proceedings against him.
Sd/- R.NARAYANA PISHARADI, JUDGE
jsr
Crl.MC.No.5389 OF 2015
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE P1 ANNEXURE AI:CERTIFIED COPY OF THE FIR NO.353/2014 OF BALUSSERY POLICE STATION ANNEXURE P2 ANNEXURE A2:CETIFIED COPY OF THE FINAL REPORT IN CC.NO.1148/2014 OF JFCM, ERAMBRA ANNEXURE P3 ANNEXURE A3:CERTIFIED COPY OF THE REPORT DT. 09.07.2014 ANNEXURE P4 ANNEXURE A4:TRUE COPY OF THE COMPLAINT DT. 08.03.2014
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
3 issues framed by the court
Whether the High Court should invoke its inherent power under Section 482 CrPC to quash the final report.
Whether removal of company documents can attract the offence of criminal breach of trust under Section 406 IPC.
Whether the petition is a fit case for premature termination of proceedings under Section 239 CrPC.
Colour shows how this judgement treated each authority
Birla Corporation Limited v. Adventz Investments and Holdings LimitedReferred¶5
Birla Corporation Limited v. Adventz Investments and Holdings Limited : AIR 2019 SC 2390 · Who else cites this
4 provisions across 2 enactments
SREEKANTH
STATE OF KERALA
R.NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
