Partly allowed

Libsy Ann Merin v. State of Kerala

Kerala HC2 Mar 2021Crl.MC/2952/2018

Case brief

AI extract

What is this about?

In Crl.MC.No.2952 of 2018, the High Court of Kerala at Ernakulam allowed a criminal revision to partially quash the charge against some accused persons in a criminal case involving sections 406, 420, 506 IPC r/w section 34 IPC. The Court held that while the wife was alleged to have misappropriated funds, the allegations against her brother and parents did not disclose the offences alleged. Consequ

What did the court decide?

The cognizance taken against Accused Nos. 2 to 4 is hereby quashed by allowing the Crl.M.C. in part.

Libsy Ann Merin Vs State of Kerala — Cheating and Forgery | 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 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

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Crl.MC.No.2952 OF 2018(H)

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AGAINST THE ORDER/JUDGMENT IN CC 2114/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR

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PETITIONERS/ACCUSED:

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1 LIBSY ANN MERIN D/O. BABY, AGED 36 YEARS, PARATHALAKKAL HOUSE,MUTHALAKODAM P.O, THODUPUZHA, PIN: 685 605.

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2 AKHIL, S/O. BABY, AGED 31 YEARS, PARATHALAKKAL HOUSE,MUTHALAKODAM P.O, THODUPUZHA, PIN: 685 605.

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3 LISSY, W/O. BABY, AGED 62 YEARS, PARATHALAKKAL HOUSE,MUTHALAKODAM P.O, THODUPUZHA, PIN: 685 605.

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4 BABY, S/O. P.M JOSEPH, AGED 66 YEARS, PARATHALAKKAL HOUSE,MUTHALAKODAM P.O, THODUPUZHA, PIN: 685 605.

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BY ADVS. SRI.SOJAN MICHEAL SMT.JENCY MICHEAL

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RESPONDENT/STATE & COMPLAINANT:

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1 STATE OF KERALA-(S.I OF POLICE, OONNUKAL POLICE STATION),REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

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2 GEO PAUL, S/O. PAUL, AGED 41 YEARS,KUNDUKULANGARA HOUSE,PUTHENPEEDIKA P.O, ANTHIKKAD VILLAGE, THRISSUR DISTRICT, PIN: 680 642.

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R1-2 BY ADV. SRI.P.K.SAJEEV

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PUBLIC PROSECUTOR SRI.RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.2952 OF 2018(H) 2

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ORDER

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The accused No.1, who is the wife of the defacto complainant, accused No.2, her brother, accused No.3 and 4 her parents, came up against the cognizance taken on the allegation of offence under Sections 406, 420, 506 (1) r/w Section 34 IPC. It is

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pertaining to the allegation that the accused No.1, the wife, had taken away the funds and the documents including the passport and ATM card from the custody of the defacto complainant. Some property also purchased in the name of wife by utilizing his funds. The allegation levelled against accused Nos. 2 to 4 will not disclose any of the offences alleged. Hence, the cognizance taken as against accused Nos.2 to 4 is hereby quashed by allowing the Crl.M.C. in part.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.No.2952 OF 2018(H) 3

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APPENDIX

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PETITIONER'S/S ANNEXURES:

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ANNEXURE-1 TRUE COPY OF THE OP(DIV.) 365/2016 DATED 11-11-2016 ON THE FILE OF THE FAMILY COURT, THODUPUZHA.

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ANNEXURE-II CERTIFIED COPY OF THE PRIVATE COMPLAINT DATED 21-03-2017 ON THE FILE OF THE JUDICIAL 1ST CLASS MAGISTRATE COURTII,THRISSUR ANNEXURE II CERTIFICATE ISSUED BY DR. SATHISH DATED 0504-2018.

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RESPONDENTS ANNEXURES:NIL

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//TRUE COPY//

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PA. TO JUDGE

Libsy Ann Merin v. State of Kerala

Case brief

What is this about?

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Libsy Ann Merin v. State of Kerala

Case brief

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