In Crl.MC 677/2014, the Kerala High Court rejected the petitioner's plea to quash criminal proceedings invoking inherent powers under Section 482 Cr.P.C., instead directing a prayer for discharge be made before the trial court.
The Criminal Miscellaneous Case was dismissed. The petitioner is directed to approach the court below for discharge.
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.MC No.677/2014
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945
CRL.MC NO. 677 OF 2014
AGAINST THE ORDER/JUDGMENT in CC 543/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MALAPPURAM
PETITIONER/1ST ACCUSED:
MUBARAK, S/O. MUHAMMED, THUVAKUTHU HOUSE, ERANJIKKODE P.O, EDAVANNA, MALAPPURAM DISTRICT.
BY ADV SRI.K.M.SATHYANATHA MENON
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLAM - 682 031. 2 THE SUB INSPECTOR OF POLICE MALAPPURAM POLICE STATION, MALAPPURAM - 676 505. 3 DISTRICT EXECUTIVE OFFICER OF THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, MALAPPURAM)IMPLEADED AS ADDL. R3 AS PER ORDER DATED 22.09.2014 IN CRL.MA5934/14.
BY ADVS. ADV. PRATHEESH P SRI.P.M.HABEEB SRI.PRATHEESH.P
OTHER PRESENT:
PP M.C.ASHI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.06.2023, THE COURT ON 10/7/2023 PASSED THE FOLLOWING:
Crl.MC No.677/2014
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V.G.ARUN J.
Crl.M.C.No.677 of 2014
Dated this the 10th day of July 2023
O R D E R
The petitioner is the first accused in Crime No.342/2012 registered at the Malappuram Police Station for offences under Sections 465,468,471 and 420 read with Section 34 of IPC. The crime was registered based on Annexure A complaint dated 20/1/2011 submitted by the third respondent, alleging that the petitioner along with the second accused had committed forgery and cheating by altering the amount of Rs.600/- remitted towards Kerala Motor Transport Workers Welfare Fund, as Rs. 16,000/- by interpolating the digit '1' in the beginning and an additional '0' at the end(Rs.600 to Rs.16,000). In the complaint it is stated that the amount of Rs.600/- was remitted at the Federal Bank Malappuram Branch towards Motor Transport Workers Welfare Fund Contribution for goods vehicle bearing registration number KL11/B 9144 owned by one Abbasali and managed by the petitioner. The police, after investigation, submitted Annexure B final report based on which
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Crl.MC No.677/2014
cognizance was taken for the offences alleged and the case numbered as CC 543/2012 on the files of the Judicial First Class Magistrate Court, Malappuram. This Crl.M.C is filed seeking to quash Annexure B final report and all further proceedings in the Calendar Case.
Crl.MC No.677/2014
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Annexure J letter submitted by Abbasali, the registered owner of the vehicle, admitting that the receipt had been tampered with and ensuring that such mistake will not occur in future. Based on the above materials, it is contended that further prosecution of the petitioner is an abuse of process, since the prosecution has not produced sufficient material for implicating the petitioner .
For the aforementioned reason the Crl.M.C is dismissed, reserving the petitioner's liberty to approach the court below with an application for discharge. If such an application is filed, the
Crl.MC No.677/2014
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court below shall pass appropriate orders without delay.
Sd/-
V.G.ARUN
JUDGE
dpk
3 issues framed by the court
Whether the High Court should quash criminal proceedings under Section 482 Cr.P.C. when the jurisdictional court has already taken cognizance.
Whether all accused persons must be included as parties for the invocation of inherent powers to quash proceedings.
The appropriate remedy for the petitioner to contest the prosecution before the trial court.
1 provisions across 1 enactments
MUBARAK
STATE OF KERALA
SUB INSPECTOR OF POLICE MALAPPURAM
DISTRICT EXECUTIVE OFFICER
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
