Allowed

Nazeema Beevi v. State of Kerala

Kerala HC15 Dec 2020Crl.MC/4200/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition challenging a case filed for cheating under IPC Section 420, the Court quashed the crime and final report. The decision was based on the finding that the offence was registered without knowing its essential ingredients, specifically regarding the breach of an oral contract.

What did the court decide?

The Crime and Final Report are quashed; Crl.M.C. is allowed accordingly.

Nazeema Beevi Vs State of Kerala — Contract and Commercial Disputes | 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 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942

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Crl.MC.No.4200 OF 2020(D)

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AGAINST THE ORDER/JUDGMENT IN CC 194/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

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CRIME NO.1745/2017 OF ERAVIPURAM POLICE STATION, KOLLAM

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PETITIONER/ACCUSED:

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NAZEEMA BEEVI AGED 49 YEARS W/O.MUHAMMED BASHEER,AMINA MANZIL,SANTHI NAGAR5,AYATHIL CHERRY,VADAKKEVILA,ERAVIPURAM, KOLLAM-691011.

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BY ADVS. SRI.B.MOHANLAL SRI.BIJITH S.KHAN

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RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM-682031.

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2 THE STATION HOUSE OFFICER, ERAVIPURAM POLICE STATION, ERAVIPURAM.P.O, KOLLAM-691011.

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3 SMT.AMBIKA, W/O SASIDHARAN NAIR,PONNUS VEEDU, AYATHIL CHERRY,VADAKKEVILA.P.O, KOLLAM-691010.

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PUBLIC PROSECUTOR - SMT. M.N.MAYA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4200 OF 2020(D) 2

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ORDER

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Crime was registered alleging offence under Section 420 IPC based on breach of an oral contract for sale and a final report was also submitted. It is seemed to be so strange that even without knowing the ingredient which would constitute the offence, that too in an oral contract alleging breach of obligation registered the crime and final report was submitted. Hence the crime and the final report are quashed. Crl.M.C. is allowed

accordingly.

Sd/-

P.SOMARAJAN

JUDGE

MSP

Crl.MC.No.4200 OF 2020(D) 3

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.1745/2017 OF ERAVIPURAM POLICE STATION IN KOLLAM DISTRICT.
ANNEXURE A2	THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1745/2017 OF ERAVIPURAM POLICE STAITON IN KOLLAM DISTRICT,PENDING AS C.C.NO.194/2018.BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II,KOLLAM
ANNEXURE A3	THE TRUE COPY OF THE FIR IN CRIME NO.1512/2017 OF ERAVIPURAM POLICE STATION IN KOLLAM DISTRICT.
ANNEXURE A4	THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.1512/2017 OF ERAVIPURAM POLICE STATION IN KOLLAM DISTRICT PENDING AS C.C.NO.3403/17 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II,KOLLAM.
ANNEXURE A5	THE TRUE COPY OF THE ORDER DATED 30/07/2020 IN O.P.(CRL)N0.231/2020 OF THIS HON'BLE COURT.
ANNEXURE A6	THE TRUE COPY OF THE INTERIM ORDER DATED 14/07/2020 IN W.P(C)NO.14204/2020 OF THIS HON'BLE COURT.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Nazeema Beevi v. State of Kerala

Case brief

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Nazeema Beevi v. State of Kerala

Case brief

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