In Crl.M.C.No.3577 of 2013, the High Court of Kerala declined to quash an FIR by an accused alleging offences under the IPC related to misappropriation from a cooperative bank. The Court held the case was under investigation and not fit for quashing.
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.M.C.No.3577 of 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,
1944
CRL.MC NO. 3577 OF 2013
AGAINST CRIME NO.913/2013 OF KOTTARAKKARA POLICE STATION
PETITIONER/ACCUSED:
M.G.VIJAYAKUMAR
MAVANAVILA HOUSE, MAILAM P.O., KOTTARAKKARA,
KOLLAM.
BY ADVS.
P.K.VIJAYAMOHANAN
AISWARYA V.S.
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
BY ADV
SMT.M.K.PUSHPALATHA
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 10.11.2022, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C.No.3577 of 2013 2
BECHU KURIAN THOMAS, J.
======================= Crl.M.C.No.3577 of 2013
======================== Dated this the 10th day of November, 2022
ORDER
Petitioner is the 1st accused in Crime No.913/2013 of
Kottarakkara Police Station, alleging offences punishable under Sections 465, 468, 471, and 420 r/w Section 34 of Indian Penal Code, 1860.
Crl.M.C.No.3577 of 2013 3
contended that the matter is now under investigation of the Economic Offences Wing of the Crime Branch and that serious allegations are levelled against the accused. It was further submitted that the inherent powers under Section 482 Cr.P.C ought not to be invoked for quashing an FIR, especially, when allegations prima facie reveal the commission of offences.
Accordingly, I dismiss this petition under Section 482 Cr.P.C reserving the liberty of the petitioner to move in accordance with law if advised, after completion of investigation.
Sd/-
BECHU KURIAN THOMAS
jka/10.11.22
Crl.M.C.No.3577 of 2013 4
APPENDIX OF CRL.MC 3577/2013
PETITIONER’S ANNEXURES
ANNEXURE 1TRUE COPY OF THE NOTICE DATED 29-10-
2011 ISSUED BY THE ASSISTANT REGISTRAR.
TRUE COPY OF THE EXPLANATION SUBMITTED
BY THE PETITIONER BEFORE THE ASSISTANT
REGISTRAR.
ANNEXURE IIITRUE COPY OF THE ORDER PASSED BY THE
JOINT REGISTRAR DATED 24-11-2011.
ANNEXURE IVTRUE COPY OF THE ENQUIRY REPORT
SUBMITTED BY THE ENQUIRY OFFICER DATED
25-5-2012.
ANNEXURE VTRUE COPY OF THE SHOW CAUSE NOTICE
DATED 25-7-2012 ISSUED BY THE 2ND
RESPONDENT.
ANNEXURE VITRUE COPY OF THE EXPLANATION SUBMITTED
BY THE PETITIONER DATED 17-8-2012.
ANNEXURE VIITRUE COPY OF THE ADDITIONAL STATEMENT
FILED BY THE PETITIONER DATED
22-08-2012.
ANNEXURE VIIITRUE COPY OF THE NOTICE DATED 07-12-
2012 ISSUED BY THE ENQUIRY OFFICER TO
THE PETITIONER.
ANNEXURE IXTRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
15-12-2012.
ANNEXURE XTRUE COPY OF THE ORDER PASSED BY THE
JOINT REGISTRAR DATED 1-3-2012.
ANNEXURE XITRUE COPY OF THE ENQUIRY REPORT DATED
13-2-2013 WITHOUT THE ENCLOSURES
REFERRED TO THEREIN.
ANNEXURE XIITRUE COPY OF THE JUDGMENT DATED
29-07-2013 PASSED BY THE HONOURABLE
HIGH COURT OF KERALA IN WP(C) 18773 OF
2013.
ANNEXURE XIIITRUE COPY OF THE F.I.R. IN CRIME 913 OF
2013 OF KOTTARAKKARA POLICE STATION.
ANNEXURE XIVCOPY OF THE GOVERNMENT ORDER NO.G.O.
(Rt)NO.637/2013/Co-Op.DATED 05.10.2013
ANNEXURE XVA TRUE COPY OF THE COMPLAINT REFERRED
DATED 26.03.2013.
1 issue framed by the court
Whether the High Court can invoke inherent powers under Section 482 Cr.P.C to quash criminal proceedings against a certain accused.
Colour shows how this judgement treated each authority
State of Hariyana vs. Bhajan LalReferred¶26
State of Hariyana vs. Bhajan Lal [1992 Supp (1) SCC 335] · Who else cites this
M.G.VIJAYAKUMAR
STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court