The Court quashed the suo motu FIRs registered under the Money Lenders Act and Kerala Prohibition of Charging Exorbitant Interest Act, 2012, holding that police cannot register a crime without a specific complaint from an aggrieved person.
The crime registered and its further proceedings are quashed. Criminal Miscellaneous Cases are allowed.
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.
Crl.MC.3158/2017 and Crl.MC.3162/2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
Crl.MC.No.3158 OF 2017
CRIME NO.777/2017 OF KARUNAAGAPALLY POLICE STATION , KOLLAM
PETITIONER/ACCUSED:
MAHARAJAN
S/O.KUNJIRAMAN,AGED 62 YEARS,VENATTU MALU NAIR VEEDU,KADATHUR,KULASEKHARAPURAM VILLAGE,KARUNAGAPPALLY,KOLLAM DISTRICT.
BY ADVS. SRI.K.SIJU SMT.S.SEETHA
RESPONDENT/STATE:
STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE,KARUNAGAPPALLY POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA.
PUBLIC PROSECUTOR.SRI.M.S.BREEZ
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:
Crl.MC.3158/2017 and Crl.MC.3162/2017 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
Crl.MC.No.3162 OF 2017
CRIME NO.778/2017 OF KARUNAAGAPALLY POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
PODIYAN S/O.VELAYUDHAN,AGED 67 YEARS, RENJITH BHAVANAM,MANAPPALLY, SOUTH PAVUMBA,KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADVS. SRI.K.SIJU SMT.S.SEETHA
RESPONDENT/STATE:
STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE,KARUNAGAPPALLY POLICE STATION,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA.
PUBLIC PROSECUTOR.SRI.M.S.BREEZ
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:
Crl.MC.3158/2017 and Crl.MC.3162/2017 3
ORDER
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
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
APPENDIX OF Crl.MC 3158/2017
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 THE COPY OF SEARCH LIST DATED 21.2.2017
ANNEXURE 2 THE COPY OF FIR IN CRIME NO.778/2017 OF KARUNAGAPPALLY POLICE STATION.
Crl.MC.3158/2017 and Crl.MC.3162/2017 5
APPENDIX OF Crl.MC 3162/2017
PETITIONER'S/S EXHIBITS:
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.
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the suo motu registration of a crime without a complaint by an aggrieved person is valid under the relevant Acts.
2 provisions across 2 enactments
Maharajan
Podiyman
State of Kerala
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
