Allowed

Jaseena J v. State of Kerala

Kerala HC8 Jan 2021Crl.MC/54/2014

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings against Accused No. 6 (petitioner) in three cases involving misappropriation of pledged gold. The court noted the submission of a final report by the police and the first statement excluding the accused's liability, concluding further proceedings served no purpose.

What did the court decide?

Criminal proceedings including the final report against accused No. 6 are quashed, and Crl.M.C.s are allowed.

Jaseena J Vs State of Kerala — Corruption | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶4

FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

¶5

Crl.MC.No.6528 OF 2013

¶6

AGAINST THE ORDER/JUDGMENT IN CC 972/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL

¶7

CRIME NO.66/2011 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM

¶8

PETITIONER/ACCUSED NO.5:

¶9

JASEENA J. W/O. ARSHAD, AGED 35 YEARS, JASMINE MANZIL, POTHENCODE, THIRUVANANTHAPURAM.

¶10

BY ADVS.

¶11

SRI.K.T.SHYAMKUMAR SHRI.HARISH R. MENON

¶12

RESPONDENT/DE-FACTO COMPLAINANT:

¶13

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶14

2 M/S. MUTHOOT MERCANTILE LIMITED, REGISTERED OFFICE 113, ATTUKAL SHOPPING COMPLEX, EAST FORT, THIRUVANANTHAPURAM-695023.

¶15

3 M. MATHEW,CHAIRMAN, M/S. MUTHOOT MERCANTILE LIMITED, REGISTERED OFFICE: 113, ATTUKAL SHOPPING COMPLEX, EAST FORT, THIRUVANANTHAPURAM-695023.

¶16

R1-2 BY ADV. SMT.ASHA BABU R1 BY ADV. SMT.AMMU CHARLES R1 BY ADV. SRI.M.MANOJKUMAR CHELAKKADAN R1 BY ADV. SRI.S.M.PRASANTH R1 BY ADV. SRI.K.RAMAKUMAR SR.

¶17

PUBLIC PROSECUTOR.SRI.K.B.UDAYAKUMAR, SRI.M.R.DHANIL

¶18

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.01.2021, ALONG WITH Crl.MC.54/2014, Crl.MC.71/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

Crl.MC.No.6528 OF 2013 and connected cases 2

¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶23

FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

¶24

Crl.MC.No.54 OF 2014

¶25

AGAINST THE ORDER/JUDGMENT IN CRMC 6528/2013 DATED 20-12-2013 OF HIGH COURT OF KERALA

¶26

AGAINST THE ORDER/JUDGMENT IN CC 972/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL

¶27

CRIME NO.66/2010 OF POTHENCODE POLICE STATION , THIRUVANANTHAPURAM

¶28

PETITIONER/ACCUSED NO.6:

¶29

JASEENA J W/O. ARASHAD, AGED 35 YEARS, JASMINE MANZIL, POTHENCODE, THIRUVANANTHAPURAM.

¶30

BY ADVS.

¶31

SRI.K.T.SHYAMKUMAR SHRI.HARISH R. MENON SRI.JAI GEORGE

¶32

RESPONDENT/DE-FACTO COMPLAINANT:

¶33

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶34

2 M/S. MUTHOOT MERCANTILE LIMITED REGISTERED OFFICE: 113, ATTUKAL SHOPPING COMPLEX, EAST FORT, THIRUVANANTHAPURAM-695023.

¶35

3 M.MATHEW, CHAIRMAN, M/S. MUTHOOT MERCANTILE LIMITED, REGISTERED OFFICE: 113, ATTUKAL SHOPPING COMPLEX, EAST FORT, THIRUVANANTHAPURAM-695023. R1-2 BY ADV. SMT.ASHA BABU R1 BY ADV. SMT.AMMU CHARLES R1 BY ADV. SRI.M.MANOJKUMAR CHELAKKADAN R1 BY ADV. SRI.S.M.PRASANTH R1 BY ADV. SRI.K.RAMAKUMAR SR. R1 BY ADV. SRI.K.T.SIDHIQ

¶36

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.01.2021, ALONG WITH Crl.MC.6528/2013, Crl.MC.71/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶37

Crl.MC.No.6528 OF 2013 and connected cases 3

¶38

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶39

PRESENT

¶40

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶41

FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

¶42

Crl.MC.No.71 OF 2014

¶43

AGAINST THE ORDER/JUDGMENT IN CRMC 6528/2013 DATED 20-12-2013 OF HIGH COURT OF KERALA

¶44

AGAINST THE ORDER/JUDGMENT IN CC 973/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL

¶45

CRIME NO.66/2010 OF POTHENCODE POLICE STATION , THIRUVANANTHAPURAM

¶46

PETITIONER/ACCUSED NO.6:

¶47

JASEENA J., W/O.ARSHAD, AGED 35 YEARS, JASMINE MANZIL, POTHENCODE, THIRUVANANTHAPURAM.

¶48

BY ADVS. SRI.K.T.SHYAMKUMAR SHRI.HARISH R. MENON SRI.JAI GEORGE

¶49

RESPONDENT/DE-FACTO COMPLAINANT:

¶50

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682 031.

¶51

2 MS. MUTHOOT MERCANTILE LIMITED REGISTERED OFFICE 113, ATTUKAL SHOPPING COMPLEX, EAST FORT, THIRUVANANTHAPURAM 695 023.

¶52

3 M.MATHEW, CHAIRMAN, M/S. MUTHOOT MERCANTILE LIMITEDREGISTERED OFFICE 113, ATTUKAL SHOPPING COMPLEX, EAST FORT, THIRUVANANTHAPURAM 695 023.

¶53

R1-2 BY ADV. SMT.ASHA BABU R1 BY ADV. SMT.AMMU CHARLES R1 BY ADV. SRI.M.MANOJKUMAR CHELAKKADAN R1 BY ADV. SRI.S.M.PRASANTH R1 BY ADV. SRI.K.RAMAKUMAR SR.

¶54

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.01.2021, ALONG WITH Crl.MC.6528/2013, Crl.MC.54/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶55

Crl.MC.No.6528 OF 2013 and connected cases 4

¶56

ORDER

¶57

The 6^th accused came up to quash the criminal

¶58

proceedings against her in three cases. It is in connection with the malpractice and

¶59

misappropriation done during the course of pledging of gold ornaments with a private bank. Final report was submitted. The accused No.6 was employed as cashier in the said firm. The first statement given by the defacto complainant and the additional statement excludes her alleged role in the crime. Hence, if it is proceeded further, it will not serve any purpose. The crime and its further proceedings including the final report as against accused No.6 are hereby quashed. Crl.M.Cs are allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.No.6528 OF 2013 and connected cases 5

¶65

APPENDIX OF Crl.MC 6528/2013

¶66

PETITIONER'S/S EXHIBITS:

¶67

EXHIBIT P1 A TRUE COPY OF THE FIR IN CRIME NUMBER 66/11 DATED 3-2-2010 REGISTERED BY THE PTHENCODE POLICE, IN THIRUVANANTHAPURAM RURAL DISTRICT STATION.

¶68

EXHIBIT P2 A COPY OF THE COMPLAINT DATED 19-1-2010 SUBMITTED BY THE MANAGING DIRECTOR OF THE 2ND RESPONDENT COMPANY BEFORE THECIRCLE INSPECTOR OF POLICE KAZHAKKUTTAM POLICE STATION.

¶69

EXHIBIT P3 A TRUE COPY OF THE STATEMENT DATED 25-1-10 BY THE 2ND RESPONDENT.

¶70

EXHIBIT P4 A TRUE COPY OF THE ORDER NO. D1/1000(11)2010 T DATED 23-2-2010 THE SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM RURAL. EXHIBIT P5 A TRUE COPY OF THE 161 STATEMENTS RECORDED BY THE INVESTIGATING OFFICER

¶71

EXHIBIT P6 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 66/2010 OF POTHENCODE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 420.468,471/R/W 34 OF THE INDIAN PENAL CODE OF AND PENDING AS CC. NO. 972/2012 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT- ATTINGAL.

¶72

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 14-8-2012 ACCEPTING RESIGNATION OF THE PETITIONER.

¶73

Crl.MC.No.6528 OF 2013 and connected cases 6

¶74

APPENDIX OF Crl.MC 54/2014

¶75

PETITIONER'S/S EXHIBITS:

¶76

ANNEXURE P1 A TRUE COPY OF THE FIR IN CRIME NUMBER 66/11 DATED 3-2-2010 REGISTERED BY THE POTHENCODE POLICE, IN THIRUVANANTHAPURAM RURAL DISTRICT STATION. ANNEXURE P2 A COPY OF THE COMPLAINT DATED 19-1-2010 SUBMITTED THE MANAGING DIRECTOR OF THE 2ND RESPONDENT COMPANY BEFORE THE CIRCLE INSPECTOR OF POLICE, KAZHAKKUTTAM POLICE STATION. ANNEXURE P3 A TRUE COPY OF THE STATEMENT DATED 25-12010, BY THE 2ND RESPONDENT. ANNEXURE P4 A TRUE COPY OF THE ORDER NO. D1/1000(11)2010 T DATED 23-2-2010, THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL. ANNEXURE P5 A TRUE COPY OF THE 161 STATEMENTS RECORDED BY THE INVESTIGATING OFFICER.

¶77

ANNEXURE P6 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 66/2010 OF POTHENCODE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 420, 468, 471 R/W 34 OF THE INDIAN PENAL CODE OF, AND PENDING AS C.C.NO. 972/2012 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL. ANNEXURE P7 TRUE COPY OF THE LETTER DATED 14-8-2012 ACCEPTING THE RESIGNATION OF THE PETITIONER. ANNEXURE P8 TRUE COPY OF THE ORDER DATED 20-12-2013 IN CRL.M.P.NO. 10957/2013 IN CRL.M.C.NO. 6528/2013.

¶78

Crl.MC.No.6528 OF 2013 and connected cases 7

¶79

APPENDIX OF Crl.MC 71/2014

¶80

PETITIONER'S/S EXHIBITS:

¶81

ANNEXURE P1	ANNEXURE A1. COPY OF THE FIR IN CRIME NO.66/11 DATED 3.2.10 REGISTERED BY THE POTHENCODE POLICE, IN THIRUVANANTHAPURAM RURAL DISTRICT, STATION.
ANNEXURE P2	ANNEXURE A2. COPY OF THE COMPLAINT DATED 19.1.10 SUBMITTED BY THE MANAGING DIRECTOR OF THE 2ND RESPONDENT COMPANY BEFORE THE CIRCLE INSPECTOR OF POLICE, KAZHAKUTTAM POLICE STATION.
ANNEXURE P3	ANNEXURE A3. COPY OF THE STATEMENT DATED 25.1.10 BY THE 2ND RESPONDENT.
ANNEXURE P4	ANNEXURE A4. COPY OF THE ORDER NO.D1/1000(11)2010 T DATED 23.2.10 THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL.
ANNEXURE P5	ANNEXURE A5. COPY OF THE 161 STATEMENTS RECORDED BY THE INVESTIGATING OFFICER.
ANNEXURE P6	ANNEXURE A6. COPY OF THE FINAL REPORT IN CRIME NO.66/10 OF POTHENCODE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 420, 468, 471 R/W 34 OF THE INDIAN PENAL CODE OF AND PENDING AS CC NO.973 OF 2012 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT 1, ATTINGAL.
ANNEXURE P7	ANNEXURE A7. COPY OF THE LETTER DATED 14.8.12 ACCEPTING THE RESIGNATION OF THE PETITIONER.
ANNEXURE P8	ANNEXURE A8. COPY OF THE ORDER DATED 20.12.13 IN CRL.MP NO.10957/13 IN CRL.MC NO. 6528/13.

¶82

//TRUE COPY//

¶83

P.A. TO JUDGE

Jaseena J v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jaseena J v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

E.M.Nizar Vs State of Kerala

Jeethu v. R. Vs State of Kerala

Shelly O.F Vs State of Kerala

Jaseena J. Vs State of Kerala

S.K.Aniyan Vs State of Kerala

Jaseena J. Vs State of Kerala