The Kerala High Court dismissed a criminal miscellaneous petition seeking to quash a final report under Sections 406 and 420 IPC. The accused challenged the report alleging fraud for visa purposes; the Court held that existence of a defense is not a ground for quashing under Section 482 CrPC.
The petition to quash the final report 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 P.SOMARAJAN
FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942
Crl.MC.No.8273 OF 2018(D)
CC 1758/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS, TIRUR CRIME NO.193/2014 OF KADAMPUZHA POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED No.3:
JIMMY GEORGE, AGED 39 YEARS, S/o GEORGEKUTTY, VALLIYIL HOUSE, VAZHOOR EAST P.O., 19TH MILE, KOTTAYAM DISTRICT.
BY ADVS.SRI.P.K.VARGHESE SRI.N.K.SHYJU
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 AJI THOMAS, S/o C.D. THOMAS, CHAMAKATT, VAZHAPPILLY, PUTHENVELIKKARA P.O., ERNAKULAM DISTRICT-683594.
R2 BY ADVS. SRI.PRASUN.S
SRI.N.A.RETHEESH SRI.K.M.SREEKANTH R1 BY PUBLIC PROSECUTOR SMT. MAYA M.N.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8273 of 2018
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ORDER
The final report submitted alleging the offence punishable under Sections 406 and 420 r/w Section 34 IPC sought to be quashed by accused No.3 stating that it is only a false case. The allegation is that under the instigation of accused Nos.1 & 2, the defacto complainant deposited an amount of Rs.80,000/- in the account of accused No.3 for providing a visa and thereby defrauded the defacto complainant. Final report was submitted. Prima facie it appears that there is no reason for interfering with the final report under Section 482 Cr.P.C. The existence of a valid defence
may not be a sufficient ground for exhausting the
benefit under Section 482 Cr.P.C. Hence the Crl.M.C. is hereby dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.8273 of 2018
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APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN CC.1758/2014 OF JFCM COURT, TIRUR ANNEXURE 2 TRUE COPY OF THE PRIVATE COMPLAINT FILED BEFORE JFCM-II, THIRUVANANTHAPURAM IN CMP 1264/2014 DATED 8.5.2014 ANNEXURE 3 A TRUE COPY OF THE STATEMENT OF DEFACTO COMPLAINANT DATED 17.5.2014. ANNEXURE 4 A TRUE COPY OF THE RESIDENCE PERMIT. ANNEXURE 5 A TRUE COPY OF THE BANK STATEMENT DATED 22.7.2014. ANNEXURE 6 A TRUE COPY OF THE BANK STATEMENT DATED 17.5.2013
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether the final report under Sections 406 and 420 IPC alleging cheating should be quashed on the ground that the case is false.
2 provisions across 2 enactments
JIMMY GEORGE
STATE OF KERALA
AJI THOMAS
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
