Allowed

Babu Lijith.v v. the State of Kerala

Kerala HC23 Nov 2020Crl.MC/1136/2018

Case brief

AI extract

What is this about?

Petitioners challenged a magisterial order quashing court-granted police protection. The High Court held the dispute regarding a job promise was civil in nature, failed to attract Section 420 IPC, and rejected the final report. The Criminal Misc. Case was allowed, reinstating the earlier policy of police protection for the accused.

What did the court decide?

The final report submitted is quashed, the earlier judgment granting police protection is reinstated, and the Criminal Misc. Case is allowed.

Babu Lijith.v Vs the State of Kerala — Cheating and Forgery | Kerala HC (2020)

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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 P.SOMARAJAN

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MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942

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Crl.MC.No.1136 OF 2018

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AGAINST THE ORDER/JUDGMENT IN CC 245/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,KOZHIKODE

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CRIME NO.261/2016 OF Kasaba Police Station , Kozhikode

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PETITIONERS/ACCUSED:

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1 BABU LIJITH.V S/O. MAMAN, TAHMIN, RAMANATTUKARA,KOZHIKKODE DISTRICT.

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2 SURESH KUMAR

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S/O. ANANDAN, DEETHA QUARTERS,MAVOOR, KOZHIKKODE DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENTS/STATE & COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI,PIN - 682 031 FOR THE SUB INSPECTOR OF POLICE,KASBA POLICE STATION, KOZHIKKODE, KOZHIKKODE DISTRICT.

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2 NIDHEESH S/O. RAVINDRAN, FAMILY COTTAGE,KAPPAD P.O., KOYILANDI,KOZHIKKODE DISTRICT, PIN - 673 304.

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R1 ADV. SMT.M.K.PUSHPALATHA,PUBLIC PROSECUTOR R2 BY ADV. SRI.P.V.ANOOP R2 BY ADV. SRI.P.V.KUNHIKRISHNAN

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1136 OF 2018

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ORDER

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Crime was registered and final report was submitted under Section 420 r/w Section 34 IPC in

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connection with money transaction of Rs.2 lakhs,

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which according to the defacto complainant received by the accused under a false promise of providing a job to him in a co-operative society. But the accused disputed the same stating that he has no connection with any co-operative society or any recruitment authority. It is further submitted that the complainant had even crossed the age bar even at the time of alleged transaction. Even going by the allegation, the blame, if any, would go equally to the defacto complainant and the accused. Hence, the ingredient which would constitute the offence under Section 420 IPC will not stand attracted.

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Earlier, this court had granted police

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protection to the accused under Annexure B judgment terming the issue a civil one. It was overturned by the Magistrate by referring the

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Crl.MC.No.1136 OF 2018

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complaint under Section 156(3) Cr.P.C. Final report submitted is hence quashed.

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The Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

SPV

Crl.MC.No.1136 OF 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A	TRUE COPY OF THE NOTICE ISSUED TO THE FIRST PETITIONER BY THE S.I OF POLICE, KASBA POLICE STATION, KOZHIKKODE DATED NIL.
ANNEXURE B	TRUE COPY OF THE JUDGMENT DATED, 1.12.2014 IN WP(C) NO. 31730/2014 OF THIS HON'BLE COURT.
ANNEXURE C	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CITY COMMISSIONER OF POLICE, KOZHIKKODE DATED, 6.3.2017.
ANNEXURE D	TRUE COPY OF THE ACKNOWLEDGMENT SHOWING THE RECEIPT OF ANNEXURE C DATED, 7.3.2017.
ANNEXURE E	CERTIFIED COPY OF THE PRIVATE COMPLAINT FILED BY THE 2ND RESPODNENT BEFORE THE J.F.C.M -III, KOZHIKKODE DATED, 3.3.2016.
ANNEXURE F	TRUE COPY OF THE ORDER IN BA NO. 201/2017 OF THIS HON'BLE COURT DATED, 19.1.2017.
ANNEXURE G	CERTIFIED COPY OF THE CHARGE IN C.C NO. 245/2017 OF THE J.F.C.M-III, KOZHIKKODE.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Babu Lijith.v v. the State of Kerala

Case brief

What is this about?

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Babu Lijith.v v. the State of Kerala

Case brief

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