Disposed

K. Unnikrishnan v. State of Kerala

Kerala HC15 Jul 2024Crl.MC/839/2015

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR concerning an allegedly civil breach-of-agreement dispute. Relying on the interim order of 10.02.2015 directing investigation into whether any offence was made out and requiring surrender, this Court disposed of the petition as unnecessary to retain, leaving petitioners free to challenge any final report.

What did the court decide?

Petition disposed of with liberty to challenge the final report if filed; interim observations on nature of transaction and bail continued.

K. Unnikrishnan Vs State of Kerala — 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 P.V.KUNHIKRISHNAN

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MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946

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CRL.MC NO. 839 OF 2015

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CRIME NO.1489/2014 OF Kollengode Police Station, Palakkad

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PETITIONER/ACCUSED:

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1K. UNNIKRISHNAN
AGED 57 YEARS
S/O.K.KUNCHU, KOUSTHUBHAM, KATTUKODE,
VADAKKENCHERRY-678 683, PALAKKAD DISTRICT.

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2MR.GEORGE JOHN
AGED 46 YEARS
S/O.JOHN, MUTTATHU HOUSE, MANNANPARAMBU,
VADAKKENCHERRY.P.O., PALAKKAD DISTRICT- 678 683.

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3MRS.M.V.SURYAPRABHA
W/O.T.R.BALU, THOTTUNGAL,
YAKKARA, PALAKKADU-678 014.

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4MOHANDAS T
AGED 49 YEARS
S/O.THEETHUNNI.A, PAZHAYAKALAM,
VADAVANNUR-678 504, PALAKKAD DISTRICT.

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BY ADV
 DR.GEORGE ABRAHAM

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RESPONDENTS/COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.

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2STATION HOUSE OFFICER
POLICE STATION, KOLLANGODE. 678 506.

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BY ADV
 SRI.RENJITH.T.R, SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No.839 of 2015

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P.V. KUNHIKRISHNAN,J.

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-----------------------------------
Crl.M.C.No.839 of 2015

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Dated this the 15th day of July, 2024

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ORDER

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This Criminal Miscellaneous case is filed to quash the

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FIR in Crime No.1489/2014 of Kollangode Police Station.

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When this Criminal Miscellaneous case has come up for

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consideration on 10.02.2015 this Court passed the following order;

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“ Heard

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Investigation as such cannot be now stayed. The main proceeding is yet to be admitted. However, the investigating officer will have to seriously consider the material fact that the alleged transaction is principally an instance of breach of agreement which will have civil consequences. He will have to thoroughly probe into the matter and see whether there are in fact necessary elements of any offence in this case. The petitioners will have to surrender before the Investigating officer or the learned Magistrate having jurisdiction. In case of surrender before the learned Magistrate the application for bail made by the petitioners will have to be seriously

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Crl.M.C No.839 of 2015

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considered by the learned Magistrate, in the particular factual and legal situation observed above.

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In the light of the above order, I am of the considered

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opinion that this Criminal Miscellaneous case need not be retained herein. If the final report is filed in the above case, the

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petitioners are free to challenge the same, if they are aggrieved by the same.

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With the above observations, this Criminal Miscellaneous case is disposed of.

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Sd/P.V. KUNHIKRISHNAN

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 JUDGE

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HKH/15.07.2024

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Crl.M.C No.839 of 2015

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APPENDIX OF CRL.MC 839/2015

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`PETITIONE`	`R ANN`	`EXURES`
`ANNEXURE`	`A`	`TRUE` `M/S.K` `CHARI`	`CO` `OLLAN` `TABLE`	`PY` `OF` `TRUST` `DE` `GODE` `EDUCATIONAL` `TRUST.`	`ED` `OF` `AND`
`ANNEXURE`	`B`	`TRUE` `TRUST`	`COPY` `.`	`OF LIST OF MEMBERS`	`OF THE`
`ANNEXURE`	`C`	`TRUE`	`COPY`	`OF AGREEMENT FOR SALE`	`ENTERED`
		`INTO`	`BY`	`SRI.O.K.SREEDHARAN`	`DTD.`
		`30.11`	`.2012`	`.`
`ANNEXURE`	`D`	`TRUE`	`COPY`	`OF F.I.R NO.1489/2014.`
`ANNEXURE`	`E`	`TRUE` `21.3.`	`COP` `2013,`	`Y OF LAWYER NOTICE` `ISSUED TO SRI.SREEDHAR`	`DATED` `AN.`

K. Unnikrishnan v. State of Kerala

Case brief

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K. Unnikrishnan v. State of Kerala

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