This Criminal Miscellaneos Case dismissed the petitioner's application to quash criminal proceedings for alleged cheating, holding that the prima facie case cannot be determined at the threshold and the prosecution must prove the transaction.
No quashing of proceedings against the petitioner.
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 ASHOK MENON
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
Crl.MC.No.492 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN CC 191/2018 OF CHIEF JUDICIAL MAGISTRATE COURT ,THRISSUR
PETITIONER/S:
N.PEETHAMBARAKURUP AGED 73 YEARS S/O.P.N.NARAYANAKURUP, EDAYILA VEEDU, VETTIYARA, NAVAYIKULAM, THIRUVANANTHAPURAM.
BY ADVS. SMT.R.BINDU SRI.L.RAJESH NARAYAN SMT.P.ANJANA SRI.V.SANJEEV
RESPONDENT/S:
1 SHAJAN AGED 50 YEARS S/O.GEORGE, MANDAKAN HOUSE, P.O.EAST FORT, NELLIKKUNNU, NADATHARA VILLAGE, THRISSUR-680005
2 THE SUB INSPECTOR OF POLICE THRISSUR TOWN EAST POLICE STATION, TRISSUR
3 STATE OF KERALA REPRESENTED BY THE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM(RESPONDENTS 2 AND 3 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM)
R1 BY ADV. SRI.P.G.JAYASHANKAR R1 BY ADV. KUM.P.K.RESHMA (KALARICKAL) R1 BY ADV. SMT.REVATHY P. MANOHARAN R1 BY ADV. SMT.STEFIN THOMAS R1 BY ADV. SMT.AMRITHA SUBIN R1 BY ADV. SHRI SANIN V.U.
OTHER PRESENT:
SRI.RAMESH CHAND PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.492 OF 2020(B) 2
O R D E R
Dated this the 6th day of February 2020
The petitioner is the 4th accused in a private complaint pending as C.C. No.191/2018 on the files of the Chief Judicial Magistrate Court, Thrissur for having allegedly committed offences punishable under Sections 417, 419, 420, 117 and 120(b) of IPC.
Crl.MC.No.492 OF 2020(B) 3
over to the petitioner, therefore there cannot be any accusation made against him and even prima facie case is not made out is the contention raised by the learned counsel appearing for the petitioner.
In the result, the Crl.M.C. is dismissed.
Sd/-
ASHOK MENON
JUDGE
rmm
Crl.MC.No.492 OF 2020(B) 4
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE PETITION FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT, TRISSUR ANNEXURE A2 COPY OF THE COMPLAINT NO.1671/2014 FILED BY THE 1ST RESPONDENT BEFORE THE LOK AYUKTHA ANNEXURE A3 COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER BEFORE THE LOK AYUKTHA IN COMPLAINT NO.1671/2014 ANNEXURE A4 COPY OF THE ORDER DATED 02.08.2018 BY THE KERALA LOK AYUKTHA IN COMPLAINT NO.1671/2014 ANNEXURE A5 COPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT BEFORE LOK AYUKTHA IN COMPLAINT NO.1671/2014 ANNEXURE A6 COPY OF THE ORDER DATED 17.01.2019 BY LOK AYUKTHA IN COMPLAINT NO.1671/2014
1 issue framed by the court
Whether the objections to the private complaint establish a prima facie case or prima facie make out that the accused should be discharged.
N.Peethambarakurup
Shajan
Sub Inspector of Police Thissur Town East
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
