Allowed

Maharajan v. State of Kerala

Kerala HC12 Jan 2021Crl.MC/3158/2017

Case brief

AI extract

What is this about?

The High Court of Kerala quashed a suo motu crime registered against the petitioner under the Money Lenders Act and Kerala Prohibition of Charging Exorbitant Interest Act, 2012, holding that registration requires a specific complaint. The criminal miscellaneous petitions were allowed accordingly.

What did the court decide?

The crime registered and its further proceedings are quashed. The Criminal Miscellaneous Cases are allowed accordingly.

Maharajan Vs State of Kerala — Money Laundering | Kerala HC (2021)

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Crl.MC.3158/2017 and Crl.MC.3162/2017 1

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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 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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Crl.MC.No.3158 OF 2017

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CRIME NO.777/2017 OF KARUNAAGAPALLY POLICE STATION , KOLLAM

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PETITIONER/ACCUSED:

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MAHARAJAN

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S/O.KUNJIRAMAN,AGED 62 YEARS,VENATTU MALU NAIR VEEDU,KADATHUR,KULASEKHARAPURAM VILLAGE,KARUNAGAPPALLY,KOLLAM DISTRICT.

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BY ADVS. SRI.K.SIJU SMT.S.SEETHA

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RESPONDENT/STATE:

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STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE,KARUNAGAPPALLY POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA.

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PUBLIC PROSECUTOR.SRI.M.S.BREEZ

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.01.2021, ALONG WITH Crl.MC.3162/2017, Crl.MC.3164/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.3158/2017 and Crl.MC.3162/2017 2

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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 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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Crl.MC.No.3162 OF 2017

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CRIME NO.778/2017 OF KARUNAAGAPALLY POLICE STATION, KOLLAM

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PETITIONER/ACCUSED:

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PODIYAN S/O.VELAYUDHAN,AGED 67 YEARS, RENJITH BHAVANAM,MANAPPALLY, SOUTH PAVUMBA,KARUNAGAPPALLY, KOLLAM DISTRICT.

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BY ADVS. SRI.K.SIJU SMT.S.SEETHA

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RESPONDENT/STATE:

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STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE,KARUNAGAPPALLY POLICE STATION,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA.

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PUBLIC PROSECUTOR.SRI.M.S.BREEZ

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.01.2021, ALONG WITH Crl.MC.3158/2017, Crl.MC.3164/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.3158/2017 and Crl.MC.3162/2017 3

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ORDER

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The Police suo motu registered a crime for the offence under Section 17 of the Money Lenders Act and under Sections 3 and 4 of Kerala Prohibition of Charging Exorbitant Interest Act, 2012 against the accused and seized some amount from his house. The

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very act of the police in registering a suo motu case for the said offence itself would show their high-handed act in the matter. Unless there is specific complaint from an aggrieved person regarding commission of the abovesaid offence, no crime can be registered. Hence, the crime registered and its further proceedings are quashed. Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.3158/2017 and Crl.MC.3162/2017 4

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APPENDIX OF Crl.MC 3158/2017

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 THE COPY OF SEARCH LIST DATED 21.2.2017

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ANNEXURE 2 THE COPY OF FIR IN CRIME NO.778/2017 OF KARUNAGAPPALLY POLICE STATION.

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Crl.MC.3158/2017 and Crl.MC.3162/2017 5

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APPENDIX OF Crl.MC 3162/2017

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 THE COPY OF SEARCH LIST DATED 21.2.2017 ANNEXURE 2 THE COPY OF FIR IN CRIME NO.777/2017 OF KARUNAGAPPALLY POLICE STATION.

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//TRUE COPY//

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P.A. TO JUDGE

Maharajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Maharajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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