This criminal miscellaneous case challenged an FIR. The court held that since the interim stay was expired, investigation concluded, and a final report filed, the quashing prayer was infructuous and dismissed the petition.
Prayer to quash FIR dismissed as infructuous; liberty to defend charge in accordance with law.
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 A. BADHARUDEEN
TUESDAY, THE 8TH DAY OF AUGUST 2023 / 17TH SRAVANA, 1945
CRL.MC NO. 3832 OF 2016
PETITIONER:
JOY VARGHESE AGED 58 YEARS,S/O.VARGHESE, MARUTHUTHURA HOUSE, NEAR BLOCK OFFICE, VANDOOR PO, MALAPPURAM.
BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.D.FEROZE SRI.V.VINAY
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. (CRIME NO.211/2014 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT)
2 V.K.KRISHNA KUMAR BRANCH MANAGER, DHANALAKSHMI BANK, SULTHANPETTA BRANCH, MATHAKOVIL STREET, PALAKKAD DISTRICT 678 001.
3 ADDL.R3 DETECTIVE INSPECTOR,CBCID EOW-II, PALAKKAD SUB UNIT,PALAKKAD DISTRICT
IS IMPLEADED AS PER ORDER DATED 01.12.2016 IN CRL.M.A.NO.11385/16 IN CRL.M.C.NO.3832/16
BY ADVS. SRI.P.KRISHNANKUTTY NAIR (KOLLAMALA) SRI.T.K.RAJESHKUMAR
SRI.M P PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.3832 OF 2016
2
ORDER
Dated this the 8th day of August, 2023
This petition has been filed challenging FIR in Crime No.211 of 2014 of Palakkad Town South Police Station, which is later re-numbered as Crime Branch Cr.No.98/CB/PKD/15.
The above submission is recorded and the prayer to quash FIR is found to be infructuous. Therefore, this petition is dismissed as infructuous, keeping liberty of the petitioner to defend the charge in accordance with law.
Sd/-
A. BADHARUDEEN
JUDGE
csl
CRL.MC NO.3832 OF 2016
3
APPENDIX OF CRL.MC 3832/2016
PETITIONER ANNEXURES
ANNEXURE I COPY OF THE MEMORANDUM OF AGREEMENT DATED 15.10.2014 ENTERED BETWEN LIJU KURIACHAN, BROTHER OF THE LATE MANAGING DIRECTOR AND THE PETITONER ANNEXURE II COPY OF NON-LIABILITY CERTIFICATE DATED 12.9.2013 ISSUED BY HOPE MICRO CREDIT FINANCE (INDIA) PVT. LTD ANNEXURE III COPY OF THE FIRST INFORMATION STATEMENT ALONG WITH FIRST INFORMATION REPORT IN CRIME NO.211/2014 OF PALAKKAD TOWN SOUTH POLICE STATION
1 issue framed by the court
Whether the prayer to quash the FIR is maintainable given that the investigation is complete and a final report has been filed.
1 provisions across 1 enactments
Joy Varghese
State of Kerala
V.K. Krishna Kumar
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
