Dismissed

K.O. Joy v. Sub Inspector of Police

Kerala HC10 Jul 2024Crl.MC/1191/2024

Case brief

AI extract

What is this about?

The 9th accused in a 2015 criminal breach of trust and cheating case sought quashing of the pending prosecution under Section 482 Cr.P.C. The court declined interference, finding the allegations factually disputed and requiring sifting of materials, but reserved the petitioner's liberty to seek discharge.

What did the court decide?

Liberty reserved to petitioner to apply for discharge in accordance with law; proceedings not quashed.

K.O. Joy Vs Sub Inspector of Police — Quashing and FIR | Kerala HC (2024)

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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 BECHU KURIAN THOMAS WEDNESDAY, THE 10^TH DAY OF JULY 2024 / 19TH ASHADHA,

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CRL.MC NO. 1191 OF 2024

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CRIME NO.654/2015 OF KODAKARA POLICE STATION, THRISSUR

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IN

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CC NO.613 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
IRINJALAKUDA

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PETITIONER/9TH ACCUSED:

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K.O. JOY
AGED 68 YEARS
S/O. OUSEPH, KALLELI HOUSE, ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683 572
BY ADV ANANDAN PILLAI

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RESPONDENTS/INVESTIGATING OFFICER & COMPLAINANT

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1 SUB INSPECTOR OF POLICE KODAKARA POLICE STATION THRISSUR DISTRICT, PIN - 682 031

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2 GIGI SABU W/O SABU, KALKUZHI HOUSE, ALOOR.P.O., KALLETTUMKARA VIA, THRISSUR DISTRICT, PIN - 680 683

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3STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ADVOCATE GENERAL OFFICE , ERNAKULAM,
PIN - 682031

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
10.07.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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Crl.M.C.No.1191 of 2024

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BECHU KURIAN THOMAS, J

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..........................................

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Crl.M.C.No.1191 of 2024

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................................................ Dated this the 10^th day of July, 2024

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ORDER

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The petitioner is the 9^th accused in CC.No.613/2018, arising out of Crime No.654/2015 at Kodakara Police Station, Thrissur. He challenges the proceedings initiated against him before the Judicial First Class of Magistrate, Irinjalakkuda.

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According to the prosecution, the accused had collected large amounts of money from various depositors and committed criminal breach of trust and misappropriation apart from cheating; by failing to return the amount and diverting it for other purposes and thereby committed the offences under Sections 403, 409, 420 r/w Section 34 of the Indian Penal Code.

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Though Adv. Anandan Pillai, learned counsel for the petitioner vehemently contended that the offence alleged against the petitioner are not made out, I am of the view that this is not a fit case for interference under Section 482 of Cr.P.C, especially since, sifting of materials are required. The contentions raised are factually disputed aspects and the inherent jurisdiction cannot be

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Crl.M.C.No.1191 of 2024

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invoked in such circumstances. Hence I decline to exercise the inherent jurisdiction to quash the proceedings.

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However, if in case the petitioner has the opportunity of applying for a discharge the said opportunity can be attempted to, despite the case being of the year 2015.

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Therefore, reserving the liberty of the petitioner to seek discharge in accordance with law and if entitled to, this Crl.M.C is dismissed.

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Sd/BECHU KURIAN THOMAS JUDGE

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SSG

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Crl.M.C.No.1191 of 2024

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APPENDIX OF CRL.MC 1191/2024

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PETITIONER'S ANNEXURES

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Annexure IA CERTIFIED COPY OF THE COMPLAINT DATED
03-02-2015
Annexure IITRUE COPY OF GENERAL POWER OF ATTORNEY
DATED 21-11-2013, EXECUTED BY THE
PETITIONER TO THE 2ND ACCUSED
Annexure IIIA TRUE COPY OF THE AWARD DATED
23-11-2013(KELSA)
Annexure IVCERTIFIED COPY OF THE FIR NO. 654/2015
DATED 20-06-2015
Annexure VCERTIFIED COPY OF THE STATEMENT IS GIVEN
BY THE COMPLAINANT DATED 21-06-2015
Annexure VICERTIFIED COPY OF THE STATEMENT IS GIVEN
BY THE 2ND RESPONDENT DATED 20-01-2018
Annexure VIICERTIFIED COPY OF THE CHARGE SHEET (FINAL
REPORT) DATED 25-02-2018

K.O. Joy v. Sub Inspector of Police

Case brief

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K.O. Joy v. Sub Inspector of Police

Case brief

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