Dismissed

Anil Jacob v. State of Kerala

Kerala HC14 Jul 2021Crl.MC/2894/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous petition seeking quashment of proceedings for offences under Sections 403, 406 r/w 34 IPC was dismissed. The High Court held that since the case involves a disputed question of fact regarding the transfer of funds which requires adjudication, the inherent powers under Section 482 CrPC could not be exercised. This Court dismissed the petition.

What did the court decide?

The present Criminal Miscellaneous Case was dismissed.

Anil Jacob Vs State of Kerala — Quashing and FIR | 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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WEDNESDAY, THE 14^TH DAY OF JULY 2021 / 23RD ASHADHA, 1943

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CRL.MC NO. 2894 OF 2018

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CRIME NO.1259/2017 OF Palarivattom Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT IN CC 17/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM (TEMPORARY), ERNAKULAM

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PETITIONERS/ACCUSED NO 1 TO 5:

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1 ANIL JACOB PANJOS GARDENS, FLAT NO.19-A,PADIVATTOM, EDAPPALLY P.O.,COCHIN - 682 024.

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2 DR.MANOJ PANICKER PANJOS GARDENS, FLAT NO.15 B, PADIVATTOM,EDAPPALLY P.O., COCHIN - 682 024.

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3 GEORGE JACOB

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PANJOS GARDENS, FLAT NO.14 B,PADIVATOM, EDAPPALLY, KOCHI - 682 024.

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4 JAIN JOB AGED 40 YEARS, S/O.M.P.JOB,RESIDING AT PANJOS GARDEN,FLAT NO.16 B, PADIVATTOM,EDAPPALLY, KOCHI - 682 024.

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5 SEBASTIAN GEORGE

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AGED 73 YEARS, S/O.K.T.SEBASTIAN,FLAT NO.17-A, PADIVATTOM,EDAPPALLY P.O., COCHIN - 682 024.

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BY ADVS. MANSOOR.B.H. V.SREEJITH (K/1398/2000) VIDYA KURIAKOSE

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RESPONDENTS/STATE AND COMPLAINANT:

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1 STATE OF KERALA (CRIME NO.1259/2017 PALARIVATTOM POLICE STATION),REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, KOCHI - 682 031.

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CRL.MC NO. 2894 OF 2018

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2 THE SUB INSPECTOR OF POLICE PALARIVATTOM POLICE STATION,ERNAKULAM - 682 024.

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3 JOSE MANI AGED 65 YEARS, S/O.LATE K.I.MANI,CONTRACTOR, KOTTOOR HOUSE,PADIVATTOM, EDAPALLY P.O., COCHIN - 682 024, EDAPPALLY VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT, NOW RESIDINGA T 2284, 14TH A MAIN, HAL SECOND STAGE,INDIRA NAGAR, BANGALORE, PIN - 560 008.

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R1 &R2 BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR

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R3 BY ADV.SRI.ANOOP.V.NAIR

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ADV.SRI.NIKITHA ANTONY

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.MC NO. 2894 OF 2018

ORDER

Heard.

The petitioners came up to quash the final report and further proceedings in Crime No. 1259 of

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2017 in C.M.P.No. 2473/17 registered on the allegation of offence under Sections 403, 406 r/w Section 34 IPC. The accused are the office bearers of the association. The allegation is that an amount of Rs.1,39,292/- (Rupees one lakh thirty nine thousand two hundred and ninety two only) was transferred in their personal account for the purpose of payment of advocate fee. Inter alia, it is contended that subsequently the said amount was given to the concerned advocate by way of advocate fee. It is submitted by the 3rd respondent(party respondent), who is the defacto complainant that it was unauthorizedly transferred in their account from the account maintained by the association and

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CRL.MC NO. 2894 OF 2018 4

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which would prima facie satisfy and attract Sections 403, 406 and 34 IPC. Since it is a disputed question, it requires adjudication by the trial court. The jurisdiction under Section 482 Cr.P.C. hence cannot be extended. This Court cannot usurp the powers of the trial court under Section 482 Cr.P.C. Hence the present Crl.M.C deserves only dismissal. I do so.

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The Crl.M.C is dismissed.

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Sd/-

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P.SOMARAJAN JUDGE

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SPV

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CRL.MC NO. 2894 OF 2018

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APPENDIX OF CRL.MC 2894/2018

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PETITIONER’S ANNEXURE

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ANNEXURE 1 COPY OF THE COMPLAINT BEFORE THE PALARIVATTOM POLICE STATION & RECEIPT DATED 14/07/2017. ANNEXURE II COPY OF THE F.I.R. & CMP REGISTERED BY THE 2ND RESPONDENT AS CRIME NO.1259/2017 DATED 25/07/2017. ANNEXURE III COPY OF THE LETTER BY 5TH PETITIONER TO PUSHPANGADAN DATED 07/08/2017. ANNEXURE IV COPY OF LETTER DATED 09/08/2017 TO 5TH PETITIONER WITH COPY TO 2ND RESPONDENT. ANNEXURE V COPY OF THE IMAGE MARK WEB VIEW FOR CHEQUE INQUIRY-THE COMPUTER PRINTOUT TAKEN FROM THE 5TH PETITIONERS COMPUTER DATED 11/08/2017. ANNEXURE VI COPY OF THE IMAGE MARK WEB VIEW FOR CHEQUE INQUIRY - THE COMPUTER PRINTOUT TAKEN FROM THE 5TH PETITIONERS COMPUTER DATED 11/08/2017. ANNEXURE VII COPY OF THE MINUTES OF THE MEETING DATED 18/04/2015. ANNEXURE VIII COPY OF THE EMAIL PRINT OUT OF THE MINUTES OF THE MEETING CIRCULATED DATED 18/04/2015. ANNEXURE IX COPY OF CHARTERED ACCOUNTANT AUDITED ACCOUNTS AND AUDITOR'S REPORT DATED 10/04/2016. ANNEXURE X COPY OF THE MINUTES OF THE GENERAL BODY DATED 16/04/2018. ANNEXURE XI CERTIFIED COPY OF THE FINAL REPORT FILED BY THE SECOND RESPONDENT BEFORE THE JUDICIAL

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CRL.MC NO. 2894 OF 2018

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FIRST CLASS MAGISTRATE COURT-IX NUMBERED AS C.C.NO.17/2018.

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ANNEXURE XII COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK FOR THE YEARS 2012. ANNEXURE XIII COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK FOR THE YEARS 2013.

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ANNEXURE XIV COPY OF THE MINUTES OF THE GENERAL BODY DATED 26/04/2014. ANNEXURE XV COPY OF THE OPEN LETTER EMAIL CREATED BY LAILLA OOMMEN, FORWARDED TO THE 5TH PETITIONER DATED 15/03/2018.

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ANNEXURE XVI TRUE COPY OF THE EMAIL CIRCULATED BY THE 3RD RESPONDENT AMONG THE MEMBERS DATED 24.10.2018

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RESPONDENTS’ EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Anil Jacob v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anil Jacob v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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