Allowed

P.K.Anvar v. State of Kerala

Kerala HC16 Mar 2021Crl.MC/1989/2016

Case brief

AI extract

What is this about?

The High Court allowed two Criminal Misc. Appeals regarding a crime registered for cheating and criminal conspiracy. The court quashed the FIR and decreed against the State of Kerala and the de facto complainant, finding that subsequent payment of employee provident fund dues negated the subsisting liability and there was no deception involved.

What did the court decide?

The crime registered against the petitioners/accused is quashed. The Criminal Misc. Cases are allowed accordingly.

P.K.Anvar Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2021)

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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 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

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Crl.MC.No.1989 OF 2016(G)

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CC 1336/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA

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CRIME NO.577/2014 OF BALUSSERY POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED Nos: 2 TO 8:

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1 P.K.ANVAR, S/o LATE P.K.C.AHAMMEDKUTTY, AGED 29 YEARS, PARAKANDY,

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UNNIKULAM POST, KOZHIKODE DISTRICT.

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2 P.K.HARIS, S/o LATE P.K.C.AHAMMEDKUTTY, AGED 38 YEARS, PARAKANDY, UNNIKULAM POST, KOZHIKODE DISTRICT.

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3 P.K.ARIF, S/o LATE P.K.C.AHAMMEDKUTTY, AGED 37 YEARS, PARAKANDY, UNNIKULAM POST, KOZHIKODE DISTRICT.

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4 P.K.ANAS, S/o LATE P.K.C.AHAMMEDKUTTY, AGED 32 YEARS, PARAKANDY, UNNIKULAM POST, KOZHIKODE DISTRICT.

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5 PATHUMMA, W/o LATE P.K.C.AHAMMEDKUTTY, AGED 62 YEARS, PARAKANDY, UNNIKULAM POST, KOZHIKODE DISTRICT.

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6 KADEESA UMMA, AGED 84 YEARS, PARAKANDY, UNNIKULAM POST, KOZHIKODE DISTRICT.

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7 NASIYA, D/o LATE P.K.C.AHAMMEDKUTTY, AGED 30 YEARS, PARAKANDY, UNNIKULAM POST, KOZHIKODE DISTRICT.

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BY ADVS.SRI.K.P.SUDHEER

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SRI.ARUN MATHEW VADAKKAN

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, BALUSSERY - 673 612, KOZHIKODE DISTRICT.

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Crl.M.C.Nos.1989 & 5286 of 2016

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2 A.RAVEENDRAN, S/o KUNHICHATHU NAIR, AGED 59 YEARS, ARAPPATTA, EKARUL POST, UNNIKULAM, KOZHIKODE DISTRICT, PIN - 673 612.

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R1 BY PUBLIC PROSECUTOR SRI. E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.03.2021, ALONG WITH Crl.MC.5286/2016(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.1989 & 5286 of 2016

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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 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

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Crl.MC.No.5286 OF 2016 (A)

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CC 1336/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA

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PETITIONER/ACCUSED No.1:

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C.P SHARMA, AGED 53 YEARS, S/o SATHYANARAYANA SHARMA, JAGATDAL BABU, QTR.NO.33, 24, PARGANAS (NORTH), KOLKATTA-743 125.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.)

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SRI.C.JAYAKIRAN SRI.M.REVIKRISHNAN

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 A.RAVEENDRAN, AGED 59 YEARS, S/o KUNHICHATHU NAIR, ARAPPATTA HOUSE, EKARUL P.O., UNNIKULAM, KOZHIKODE DISTRICT-673 612.

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R1 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.03.2021, ALONG WITH Crl.MC.1989/2016(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.1989 & 5286 of 2016

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ORDER

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The execution of a sale deed in the year 2013

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without disclosing attachment over the property was taken as a ground to maintain a complaint before the concerned Magistrate, who, in turn, referred the same under Section 156(3) Cr.P.C. for investigation, based on it a crime was registered for the offence under Sections 418 and 420 r/w Section 149 IPC.

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It is fairly conceded by both the counsel that subsequently in the year 2014, the entire amount due under the attachment towards employees provident fund was paid. Hence there is no subsisting liability over the property. It was also brought to the notice of this Court that in fact there was no suppression of material fact or deception so as to attract SectionS 418 and 420 IPC. Hence, for securing ends of justice, it is fit and proper to quash the crime registered as

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Crl.M.C.Nos.1989 & 5286 of 2016

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against the petitioners, accused No.1 and 2 to 8, who

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are the respective petitioners in the Crl.M.Cs.

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Both the Crl.M.Cs. are allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Crl.M.C.Nos.1989 & 5286 of 2016

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APPENDIX OF Crl.MC 1989/2016

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PETITIONERS' ANNEXURES:

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ANNEXURE A1: CERTIFIED COPY OF FIRST INFORMATION REPORT DATED 9.10.2014 IN CRIME NO.577/2014 OF BALUSSERY POLICE STATION AND THE PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT. ANNEXURE A2: TRUE COPY OF JUDGMENT DATED 8.11.2013 IN COMPANY APPEAL NO.6/2010 PASSED BY THIS HON'BLE COURT. ANNEXURE A3: TRUE COPY OF SALE DEED DATED 11.11.2013 REGISTERED AS DOC.NO.955/2013 OF KOZHIKODE SRO. ANNEXURE A4: CERTIFIED COPY OF FINAL REPORT DATED 30.11.2014 IN CRIME NO.577/2014 OF BALUSSERY POLICE STATION. ANNEXURE A5: TRUE COPY OF NOTICE DATED 30.12.2013 ISSUED BY SUB REGISTRAR, BALUSSERY. ANNEXURE A6: TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN P.K.C. AHAMMEDKUTTY AND A. ACHUKUTTY NAIR AND DATED 10.8.2003. ANNEXURE A7: TRUE COPY OF JUDGMENT DATED 28.1.2013 IN WPC NO.19988/2012 FILED BEFORE THIS HON'BLE COURT. ANNEXURE A8: TRUE COPY OF COMMUNICATION DATED 11.11.2014 SUBMITTED BY THE COMPANY BEFORE THE REGIONAL PROVIDENT FUND COMMISSIONER. ANNEXURE A9: TRUE COPY OF COMMUNICATION DATED 9.3.2016 ISSUED BY RECOVERY OFFICER, EMPLOYEE'S PROVIDENT FUND ORGANIZATION. RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

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Crl.M.C.Nos.1989 & 5286 of 2016

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APPENDIX OF Crl.MC 5286/2016

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PETITIONER'S ANNEXURES:

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ANNEXURE A TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND RESPONDENT HEREIN BEFORE THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASSII, PERAMBRA.

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ANNEXURE B TRUE COPY OF THE FIR IN CRIME NO.577/2014 OF BALUSSERY POLICE STATION, KOZHIKODE RURAL.

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ANNEXURE C TRUE COPY OF THE FINAL REPORT IN CC NO.1336/2014 PENDING ON THE FILES OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS-II, PERAMBRA. ANNEXURE D TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN COMPANY APPEAL NO.6/2010 DATED 8.11.2013.

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ANNEXURE E TRUE COPY OF DOCUMENT NO.955/2013 OF KOZHIKODE S.R.O. PERTAINING TO THE ITEM OF PROPERTY PURCHASED BY THE 2ND RESPONDENT HEREIN.

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ANNEXURE F TRUE COPY OF THE NOTICE ISSUED BY THE SUB REGISTRAR, BALUSSERY INTIMATING ONE MR.JOSE DEVASYA ABOUT THE ORDER OF ATTACHMENT, WHO IS ONE AMONG THE TRANSFEREES IN RESPECT OF THE PROPERTIES IN QUESTION. ANNEXURE G TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN P.K.C.AHAMMEDKUTTY AND A.ACHUKUTTY NAIR.

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ANNEXURE H TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO.19988 OF 2012 DATED 28.1.2013.

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ANNEXURE I TRUE COPY OF THE LETTER SUBMITTED BY THE COMPANY TO THE REGIONAL PROVIDENT FUND COMMISSIONER DATED 11.11.2014. ANNEXURE J TRUE COPY OF THE COMMUNICATION DATED 9.3.2016 ISSUED BY THE REGIONAL PROVIDENT FUND ORGANIZATION TO THE SUB REGISTRAR,

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Crl.M.C.Nos.1989 & 5286 of 2016

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OFFICE OF THE SUB REGISTRAR, BALUSSERY, KOZHIKODE.

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ANNEXURE K TRUE COPY OF THE ORDER DATED 31.3.2016 IN CRL.MC NO.1989/2016 PASSED BY THIS HON'BLE COURT.

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RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

P.K.Anvar v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.K.Anvar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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