Remanded

Pyarilal v. State of Kerala

Kerala HC14 Dec 2022Crl.MC/6842/2022

Case brief

AI extract

What is this about?

In Crl.M.C No. 6842 of 2022, the Kerala High Court refused to quash an FIR registered under the Money Lenders Act during the investigation stage. The petition sought quashing of the FIR due to alleged false implications, but the Court held that interference was premature. It directed the Investigating Officer to complete the investigation expeditiously and file the final report.

What did the court decide?

Directing the Investigating Officer to complete the investigation expeditiously and file the final report.

Pyarilal Vs State of Kerala — Money Laundering | Kerala HC (2022)

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 14^TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA, 1944

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CRL.MC NO. 6842 OF 2022

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AGAINST THE ORDER/JUDGMENT CRMP 1257/2022 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM

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PETITIONER/ACCUSED:

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PYARILAL AGED 36 YEARS S/O. RAJAPPAN, SANKARALAYAM, S.H. MOUNT P.O, KOTTAYAM DISTRICT. PIN - 686006 BY ADVS. M.P.MADHAVANKUTTY ANOOP SATHYAN MATHEW DEVASSI ANANTHAKRISHNAN A. KARTHA REMYA M. MENON

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR

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ADV. SREEJA V. - Sr. PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No. 6842 of 2022

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O R D E R

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The petitioner who is the accused in Crime No. 871/2022 of Gandhinagar Police Station has approached this Court for quashing the FIR registered in the said case. The offences alleged against the petitioner are punishable under Sections 3, 9, 17 and 18(d) of the Money Lenders Act.

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2 . The prosecution case is that, the petitioner had lent money to various persons, and collected signed stamp papers and promissory notes from the persons as security for the said transactions. The case was registered on the basis of an inspection conducted in the premises of the petitioner on 06.06.2022. Annexure I is the FIR registered by the Police. This Crl.M.C is filed challenging the same.

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3 . The contention of the learned counsel for the petitioner is that, the allegations contained in Annexure 1 FIR are not sufficient to attract the offences alleged against him. It is pointed out that, the case was falsely foisted and no culpability can be attributed against him.

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Crl.M.C No. 6842 of 2022

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4 . However, considering the fact that, the case is only at the stage of investigation, I am of the view that, no interference needs to be made at this stage.

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Moreover, the learned Public Prosecutor upon instructions, submitted that, the investigation has almost completed, and a final report in this regard would be filed very soon. In such circumstances, I deem it appropriate to dispose of this Crl.M.C directing the Investigating Officer to complete the investigation as expeditiously as possible and file the final report before the jurisdictional Court. It is further clarified that, in the event of submission of final report inculpating the petitioner, it shall be open for him to challenge the same, by approaching this Court.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk

Crl.M.C No. 6842 of 2022

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APPENDIX OF CRL.MC 6842/2022

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PETITIONER ANNEXURES

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Annexure	I A TRUE COPY OF THE F.I.R IN CRIME NO. 871/2022 BEFORE THE GANDHINAGAR POLICE STATION, KOTTAYAM
Annexure	II A TRUE COPY OF THE ORDER DATED 18.06.2022 IN CRL.M.P NO. 1257/2022 PASSED BY THE SESSIONS COURT, KOTTAYAM
Annexure	III A TRUE COPY OF THE PARTNERSHIP DEED DATED 26.07.2012
Annexure	IV A TRUE COPY OF THE PARTNERSHIP DEED DATED 05.01.2017
Annexure	V A TRUE COPY OF THE MONEY LENDING LICENSE DATED 19.12.2012
Annexure	VI A TRUE COPY OF THE MONEY LENDING LICENSE GRANTED BY THE COMMERCIAL TAX DEPARTMENT DATED 08.06.2022 WHICH IS VALID TILL 31.03.2023
Annexure	VII A TRUE COPY OF THE E-CHALLAN RECEIVED BY THE PETITIONER'S FIRM FROM THE DEPARTMENT OF COMMERCIAL TAXES DATED 26.04.2022
Annexure	VIII A TRUE COPY OF THE LEASE AGREEMENT DATED 31.05.2022
Annexure	IX A TRUE COPY OF THE MONEY LENDING LICENSE DATED 22.07.2022 VALID TILL 31.03.2023

Pyarilal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pyarilal v. State of Kerala

Case brief

What is this about?

What did the court decide?

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