Dismissed

Dileep Ebrahim v. State of Kerala

Kerala HC15 Jan 2021Crl.MC/650/2018

Case brief

AI extract

What is this about?

In a petition seeking to quash an FIR under Section 482 Cr.P.C for cheating offenses, the Court directed that investigation continue and dismissed the petition with liberty to file a fresh one upon receipt of a final report, while allowing a notice under Section 41A if necessary.

What did the court decide?

Petition dismissed; investigation to continue; liberty to file fresh Crl.M.C on final report; notice under Section 41A Cr.P.C issued if presence needed.

Dileep Ebrahim Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

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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.V.KUNHIKRISHNAN

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FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

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Crl.MC.No.650 OF 2018

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IN CRMP 2210/2017 OF CHIEF JUDL.MAGISTRATE, ERNAKULAM

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PETITIONERS/ACCUSED NOS.1 AND 2:

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1 DILEEP EBRAHIM, AGED 42 YEARS, S/O EBRAHIM KUTTY, RESIDING AT BIJU MANZIL, POST KARUVATTA NORTH- 690 517 ERNAKULAM DISTRICT

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2 MRS. NINCY SHIHABUDHEEN, AGED 32 YEARS, D/O MUHAMMED KUNJU SHIHABUDHEEN, W/O.DILEEP EBRAHIM, RESIDING AT BIJU MANZIL, POST KARUVATTA NORTH-690 517, ERNAKULAM DISTRICT

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BY ADVS. SRI.R.ANIL SRI.T.ANIL KUMAR SRI.M.SUNILKUMAR SRI.SUJESH MENON V.B. SRI.THOMAS ABRAHAM (NILACKAPPILLIL) SRI.E.VIJIN KARTHIK

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RESPONDENT/S:

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

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2 PRINCE SUBRAMONIAN, PROPRIETOR, XSTREAM INTERNATIONAL MANAGEMENT CONSULTANCY, M.G.ROAD, ERNAKULAM, KOCHI- 682 035

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R1-2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN R1 BY ADV. SRI.D.FEROZE R1 BY ADV. SRI.S.RAJEEV R1 BY ADV. SRI.V.VINAY SRI.K.B.UDAYAKUMAR, SR.PP

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.650 OF 2018

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O R D E R

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Dated this the 15th day of January 2021

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The petitioners are the accused in Crime No.2622/2017 of Ernakulam Central Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 403, 406, 417, 418, 420, 421, 422, 424, 465, 467, 468, 471, 473 and 476 r/w 34 IPC. The petitioners want to quash the FIR in this case by invoking the powers under Section 482 Cr.P.C.

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The prayer in this petition is to quash the FIR. The investigation is going on. Let the investigation continue by the investigating officer. If any final report is filed against the petitioners, the petitioners are free to challenge the final report before this Court at the appropriate stage. With that liberty this petition can be dismissed. If the presence of the petitioners are necessary, in connection with the investigation of the above case, a notice under Section 41A Cr.P.C should be issued to the petitioners.

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With this direction, this Crl.M.C is dismissed with liberty to the petitioners to file a fresh Crl.M.C, if they are advised so, if a final report is filed in Crime No.2622/2017 by the Ernakulam Central Police Station.

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Sd/-

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P.V.KUNHIKRISHNAN, JUDGE

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APPENDIX

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PETITIONERS EXHIBITS:

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ANNEXURE-A	COPY OF THE POWER OF ATTORNEY EXECUTED BY THE CHIEF EXECUTIVE OFFICER, NATINAL BANK OF RAS AL KHAIMAH
ANNEXURE B	COPY OF THE COMPLAINT FILED BY 2ND RESPONDENT AS CRL.M.P. 2210/2017 OF THE COURT OF CJM, ERNAKULAM
ANNEXURE C	COPY OF THE FIR IN CRIME NO.2622/2017 OF ERNAKULAM CENTRAL POLICE STATION
ANNEXURE D	COPY OF THE LAWYER NOTICE DATED 14-08- 2006
RESPONDENTS EXHIBITS	: NIL
	//TRUE COPY//
ab	P.A TO JUDGE

Dileep Ebrahim v. State of Kerala

Case brief

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Dileep Ebrahim v. State of Kerala

Case brief

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