The High Court of Kerala quashed criminal proceedings and connected cases against Accused No.6 (Jaseena J.) in connection with malpractice and misappropriation during gold pledging. The court held that the final report excluded her alleged role, making further proceedings purposeless.
Criminal proceedings and connected cases against Accused No.6 are quashed.
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
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
Crl.MC.No.6528 OF 2013
AGAINST THE ORDER/JUDGMENT IN CC 972/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL
CRIME NO.66/2011 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.5:
JASEENA J. W/O. ARSHAD, AGED 35 YEARS, JASMINE MANZIL, POTHENCODE, THIRUVANANTHAPURAM.
BY ADVS.
SRI.K.T.SHYAMKUMAR SHRI.HARISH R. MENON
RESPONDENT/DE-FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
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.
PUBLIC PROSECUTOR.SRI.K.B.UDAYAKUMAR, SRI.M.R.DHANIL
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:
Crl.MC.No.6528 OF 2013 and connected cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
Crl.MC.No.54 OF 2014
AGAINST THE ORDER/JUDGMENT IN CRMC 6528/2013 DATED 20-12-2013 OF HIGH COURT OF KERALA
AGAINST THE ORDER/JUDGMENT IN CC 972/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL
CRIME NO.66/2010 OF POTHENCODE POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.6:
JASEENA J W/O. ARASHAD, AGED 35 YEARS, JASMINE MANZIL, POTHENCODE, THIRUVANANTHAPURAM.
BY ADVS.
SRI.K.T.SHYAMKUMAR SHRI.HARISH R. MENON SRI.JAI GEORGE
RESPONDENT/DE-FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 M/S. MUTHOOT MERCANTILE LIMITED REGISTERED OFFICE: 113, ATTUKAL SHOPPING COMPLEX, EAST FORT, THIRUVANANTHAPURAM-695023.
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
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:
Crl.MC.No.6528 OF 2013 and connected cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
Crl.MC.No.71 OF 2014
AGAINST THE ORDER/JUDGMENT IN CRMC 6528/2013 DATED 20-12-2013 OF HIGH COURT OF KERALA
AGAINST THE ORDER/JUDGMENT IN CC 973/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL
CRIME NO.66/2010 OF POTHENCODE POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.6:
JASEENA J., W/O.ARSHAD, AGED 35 YEARS, JASMINE MANZIL, POTHENCODE, THIRUVANANTHAPURAM.
BY ADVS. SRI.K.T.SHYAMKUMAR SHRI.HARISH R. MENON SRI.JAI GEORGE
RESPONDENT/DE-FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682 031.
3 M.MATHEW, CHAIRMAN, M/S. MUTHOOT MERCANTILE LIMITEDREGISTERED OFFICE 113, ATTUKAL SHOPPING COMPLEX, EAST FORT, THIRUVANANTHAPURAM 695 023.
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.
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:
Crl.MC.No.6528 OF 2013 and connected cases 4
ORDER
The 6th accused came up to quash the criminal
proceedings against her in three cases. It is in connection with the malpractice and
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
APPENDIX OF Crl.MC 6528/2013
PETITIONER'S/S EXHIBITS:
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.
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.
EXHIBIT P3 A TRUE COPY OF THE STATEMENT DATED 25-1-10 BY THE 2ND RESPONDENT.
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
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.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 14-8-2012 ACCEPTING RESIGNATION OF THE PETITIONER.
Crl.MC.No.6528 OF 2013 and connected cases 6
APPENDIX OF Crl.MC 54/2014
PETITIONER'S/S EXHIBITS:
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.
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.
Crl.MC.No.6528 OF 2013 and connected cases 7
APPENDIX OF Crl.MC 71/2014
PETITIONER'S/S EXHIBITS:
| 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. |
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the criminal proceedings against Accused No.6 should be quashed given the final report submitted excluding her alleged role in the crime.
1 provisions across 1 enactments
Jaseena J. W/o. Arshad
State of Kerala
M/s. Muthoot Mercantile Limited
M. Mathew
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
