Disposed

Prajeesh.K.Thomas v. State of Kerala

Kerala HC13 Oct 2020Crl.MC/3029/2017

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the criminal miscellaneous petition challenging a final report in a rash misappropriation case. The court held that adding co-accused is a challenge for trial court intervention, not inherent jurisdiction, and political pressure allegations require evidentiary adjudication.

What did the court decide?

Crl.M.C. is dismissed, without prejudice to the petitioner's right to approach the Municipal Council for an amicable settlement.

Prajeesh.K.Thomas Vs State of Kerala — Corruption | 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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TUESDAY, THE 13TH DAY OF OCTOBER 2020 / 21ST ASWINA, 1942

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Crl.MC.No.3029 OF 2017

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IN CC 853/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHANGANACHERRY

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CRIME NO.1117/2011 OF Changanassery Police Station, Kottayam

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PETITIONER/ACCUSED:

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PRAJEESH.K.THOMAS AGED 35 YEARS, S/O. M.K. THOMAS, KOTTAMOOLAYIL (H),KUMARAKAM P.O, 686 563, KOTTAYAM.

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BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.D.FEROZE SRI.V.VINAY

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RESPONDENT/COMPLAINANT/STATE:

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1 STATE OF KERALA

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031.

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2 CHANGANACHERY MUNCIPALITY REPRESENTED BY ITS SECRETARY, KOTTAYAM DISTRICT - 686 101.

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R1-2 BY ADV. SRI.M.P.ASHOK KUMAR PP.SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3029 OF 2017

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O R D E R

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The accused who was working as a Peon in

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Changanachery Municipality entrusted with a work to deposit an amount of Rs.3,91,592/- on three occasions in the bank account maintained by the Municipality. After deposit, he had produced the chalan of deposit before the Cashier after altering and manipulating the amount deposited. Only a nominal amount was deposited and manipulated receipt of deposit for a large amount and misappropriated is the case alleged against the accused. The final report, Annexure II, challenged on the ground that the case was registered under political pressure and the Cashier who had also involved in the transaction was not made as a co-accused.

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In so far as accused No.2 is concerned, it is within the jurisdiction of the trial court to exhaust the remedy under Section 319 Cr.P.C. whenever it is found necessary and the same would not constitute a valid ground for exhausting the inherent jurisdiction.

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Regarding political pressure and the falsity

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Crl.MC.No.3029 OF 2017

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alleged against it requires adjudication by evidence. Hence cannot be a reason for exercising the inherent jurisdiction.

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Hence, Crl.M.C. is dismissed, without prejudice

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to the right of the petitioner to approach the Municipal Council and to explore the possibility of an amicable settlement in the matter, if it is permissible.

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Sd/P.SOMARAJAN JUDGE

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VPK

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Crl.MC.No.3029 OF 2017

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I COPY OF THE F.I.R IN CRIME NO. 1117/2011 OF CHANGANASSERY POLICE STATION DATED 21.07.2011. ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1117/2011 OF CHANGANASSERY POLICE ANNEXURE III COPY OF THE ORDER IN W.P(C) NO. 19519/2012 DATED 15.11.2012 PASSED BY THE HON'BLE HIGH COURT OF KERALA. ANNEXURE IV NOTARISED COPY OF THE CASH RECEIPT PAID BY THE PETITIONER TO THE 2ND RESPONDENT MUNICIPALITY.

Prajeesh.K.Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Prajeesh.K.Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

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