Criminal Misc. Case petition to invoke Section 482 Cr.P.C. to quash FIR. Court held that since alleged offenses under IPC Sections 420 and 506 depend on evidence, this court cannot usurp Trial Court powers. Criminal Miscellaneous Case 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
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
Crl.MC.No.5017 OF 2016(F)
AGAINST THE ORDER/JUDGMENT IN OS 148/2008 OF I ADDITIONAL SUB COURT, THRISSUR
AGAINST THE ORDER/JUDGMENT IN OS 865/2007 OF MUNSIFF COURT,CHAVAKAD
CRIME NO.1841/2014 OF VALAPPAD POLICE STATION, THRISSUR
PETITIONER/SOLE ACCUSED:
SHAJI, AGED 50, S/O NEDIYIRIPIL ARANMULA, KAZHIMBRAM DESOM, VALAPPAD VILLAGE, CHAVAKKAD TALUK
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS/THE STATE OF KERALA AND THE PETITIONER/COMPLAINANT:
1 THE STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM- 682 031
R1-2 BY ADV. SRI.M.PREMCHAND
PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5017 OF 2016(F) 2
ORDER
A final report was submitted after
investigation, alleging offence under Sections 420 and 506(ii) of IPC in connection with the execution
of a sale deed at the instance of the sole accused. The complaint was lodged by the wife of deceased executant of the sale deed. According to her it was obtained under duress. For that purpose along with three other persons, the accused came to her house and forcibly took her husband for the purpose
of executing the sale deed. After investigation, final report was submitted.
court that the civil suit filed for setting aside
the said document ended in dismissal under Order 7
Rule 11 CPC due to non-payment of balance court fee. An application submitted for restoring the same also ended in dismissal. There is no
adjudication with respect to the civil dispute involved in the matter on merit. The allegation,
Crl.MC.No.5017 OF 2016(F) 3
if it is proved, will attract the offe nce under Section 420 IPC besides Section 506 IPC. After investigation, final report was submitted by the police. As such, it is a matter of evidence and this court cannot usurp the power of the Trial Court by conducting a roving enquiry into the matter. Hence, there is no reason for invoking Section 482 Cr.P.C. The Crl.M.C. is dismissed, without prejudice to the right of petitioner to take up all defences and other remedies at the various stages of the proceedings.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.5017 OF 2016(F) 4
APPENDIX
PETITIONER'S/S ANNEXURES:
| ANNEXURE I | A TRUE COPY OF THE 2014 DATED 1-11-201 STATION WITH ANNEXU |
FIR IN CRIME NO.1841 OF 4 OF THE VALAPPAD POLICE RES |
|---|---|---|
| ANNEXURE II | A TRUE COPY OF THE OF 07 DATED 13-06-0 |
DOCUMENT BEARING NO.1440 7 OF THE THRIPRAYAR SRO |
| ANNEXURE III | A TRUE COPY OF THE 08 DATED 3-06-2010 COURT THRISSUR |
JUDGMENT IN OS NO.148 OF ON THE FILE OF THE SUB |
| ANNEXURE IV | A TRUE COPY OF THE NO.8217 OF 2011 IN 28-11-2013 ON THE F COURT THRISSUR |
ORDER PASSED IN IA OS NO.148 OF 08 DATED ILE OF THE 1ST ADDL. SUB |
| ANNEXURE V | A TRUE COPY OF THE NO.8216 OF 2011 IN 28-11-2013 ON THE F COURT THRISSUR |
ORDER PASSED IN IA OS NO.148 OF 08 DATED ILE OF THE 1ST ADDL. SUB |
| ANNEXURE VI | A TRUE COPY OF THE OS 865 OF 07 DATED THE MUNSIFF COURT, |
JUDGMENT AND DECREE IN 7-06-2012 ON THE FILE OF CHAVAKKAD |
| ANNEXURE VII | A TRUE COPY OF THE NO.1841 OF 2014 DAT ON THE FILE OF THE |
NFINALREPORT IN CRIME ED 30-04-2015 SUBMITTED JFCM KODUNGALLUR |
| ANNEXURE VIII | A TRUE COPY OF THE 2014 IN HON'BLE MUN |
PLAINT IN O.S NO.1770 OF SIFF COURT, CHAVAKKAD. |
| ANNEXURE IX | A TRUE COPY OF THE O.S NO. 1770 OF 201 COURT,CHAVAKKAD DAT |
JUDGMENT AND DECREE IN 4 IN HON'BLE MUNSIFF ED 01.02.2020. |
| RESPONDENTS ANNEX | URES:NIL |
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether Section 482 Cr.P.C. should be invoked to quash FIR alleging cheating and criminal intimidation.
Whether the High Court can conduct a roving enquiry on disputed civil matters affecting criminal prosecution.
Shaji
State of Kerala
Jayaprabha
Jayakrishnan
HARIKRISHNAN
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
