Third accused in a cheating case over a failed work-visa arrangement sought quashing of proceedings on the claim that he was merely an employee of the other accused. The court found prima facie involvement alleged by prosecution and declined to intervene in disputed facts.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
CRL.MC NO. 6618 OF 2022
CRIME NO.1895/2011 OF ANGAMALI POLICE STATION, ERNAKULAM
IN CC NO.170 OF 2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
ANGAMALY
PETITIONER/ACCUSED NO.3:
JAMES
AGED 44 YEARS
S/O OUSEPH NETTIKKADAN HOUSE,
NEAR FCI GODOWN, ANGAMALY,
ERNAKULAM, PIN – 683572
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
RESPONDENTS/STATE & COMPLAINANT:
1STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682031
2 STATION HOUSE OFFICER ANGAMALY POLICE STATION, ANGAMALY ERNAKULAM, PIN – 6835723SANJU
AGED 34 YEARS
S/O SASI, PUNNAKKATT HOUSE,
WEST HILL, PUTHIYANGADI,
KOZHIKODE, PIN – 673021
Crl.M.C.No.6618 of 2022
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4 ANTONY S/O PAPPACHAN, MANANI HOUSE, ANAPPARA, MANJAPRA, KALADY, ERNAKULAM, PIN – 683581
BY ADV.
SMT. SREEJA.V
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6618 of 2022
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BECHU KURIAN THOMAS, J.
--------------------------------------Crl.M.C. No.6618 of 2022
Dated this the 20th day of May, 2024
ORDER
Petitioner is the third accused in C.C.No.170/2021 on the files of the Judicial First Class Magistrate Court, Angamaly, arising out of Crime No.1895/2011 of Angamaly Police Station.
Crl.M.C.No.6618 of 2022
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evident that the petitioner had, along with two others, promised to arrange a visa to the defacto complainant and even the amount was handed over to the petitioner. It was pointed out that petitioner’s involvement has clearly been spoken to by the witnesses, and hence, the proceedings ought not to be quashed in exercise of the power under Section 482 of Cr.P.C.
Crl.M.C.No.6618 of 2022
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Accordingly, I find no merit in this criminal miscellaneous case
and it is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/20.05.24
Crl.M.C.No.6618 of 2022
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APPENDIX OF CRL.MC 6618/2022
PETITIONER’S ANNEXURES
Annexure A1CERTIFIED COPY OF THE FIR ALONG WITH FIS
OF DEFACTO COMPLAINANT IN CRIME NO. 1895
OF 2011 OF ANGAMALY POLICE STATION
Annexure A2CERTIFIED COPY OF THE FINAL REPORT IN C.C
NO. 170/2021 PENDING BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, ANGAMALY
Annexure A3TRUE COPY OF THE RECEIPT DATED 09.11.2009
ISSUED BY THE SENBAIR EXPORTS AND TRAVELS
MANPOWER RECRUITMENT TO THE DEFACTO
COMPLAINANT
Annexure A4TRUE COPY OF THE AGREEMENT DATED
27.02.2010 EXECUTED BY THE 1ST ACCUSED TO
THE DEFACTO COMPLAINANT
1 issue framed by the court
Whether proceedings under Section 420/34 IPC against accused no.3, claimed to be only an employee of the other accused, could be quashed under Section 482 Cr.P.C.
2 provisions across 2 enactments
James
State of Kerala
Station House Officer, Angamaly Police Station
Sanju
Antony
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court