The High Court of Kerala dismissed the criminal miscellaneous petition filed by bank employees seeking to quash criminal proceedings under Section 482 Cr.P.C., holding that the issue regarding the disclosure of offence ingredients is for the trial court.
The criminal miscellaneous case is 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 9TH DAY OF JULY 2021 / 18TH ASHADHA, 1943
CRL.MC NO. 3012 OF 2019
AGAINST THE ORDER/JUDGMENT IN CC 576/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.1,2 &3:
2 SAJAN.K.V CANARA BANK, RETAIL ASSET HUB, THIRUVANANTHAPURAM, PIN-695001
3 SUBHA.P. LEGAL MANAGER, CANARA BANK, RETAIL ASSET HUB, THIRUVANANTHAPURAM, PIN-695001
BY ADVS. M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SMT.PARVATHY KOTTOL
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 SHOBANA W/O.JEEVARAJ, KUNNUMPURATHU HOUSE, MATTATHUVILAKAKATHU, ERINJAYAM, AANADU VILLAGE, NEDUMAGAD TALUK, THIRUVANANTHAPURAM-695541
R1 BY ADV.SRI.RAMESH CHAND, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
CRL.M.C.No. 3012/2019
ORDER
Heard Adv.Smt. Parvathi Kottol, counsel for
the petitioners and the learned public prosecutor.
Without prejudice to the right of the
CRL.M.C.No. 3012/2019
3
parties to agitate all their defences and remedies at the various stages, the crl.M.C. is
hereby dismissed.
Sd/-
P.SOMARAJAN
JUDGE
SPV
4
CRL.M.C.No. 3012/2019
APPENDIX OF CRL.MC 3012/2019
PETITIONER'S ANNEXURE
ANNEXURE A CERTIFIED COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER NARRATING THE INCIDENT ON 6.02.2018
ANNEXURE B
THE TRUE COPY OF THE COMPLAINT DATED 12.04.2018 FILED BY THE 2ND RESPONDENT BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the criminal miscellaneous petition for quashing proceedings under Section 482 Cr.P.C. should be allowed since the complaint does not disclose ingredients of the alleged offence.
1 provisions across 1 enactments
HARILAL.C.M.
SAJAN.K.V
STATE OF KERALA
SHOBANA W/O.JEEVARAJ
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
