IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
Crl.MC.No.4255 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN CC 395/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I, PONNANI
CRIME NO.254/2017 OF CHANGARAMKULAM POLICE STATION , MALAPPURAM
PETITIONERS/ACCUSED NO.1:
M.P.RAMANKUTTY,
AGED 80 YEARS
S/O. KESAVAN NAMBIAR, NALISSERI PATTATHU HOUSE,
VADAKKUMMURI P.O, PERINGOTTUKKARA, THRISSUR DISTRICT,
PIN-680 570
BY ADVS.
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
SMT.SEEMA P.P.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
2 C.P. KESAVAN NAMBEESAN,
AGED 78 YEARS, S/O. CHEMPOZHEY PARAMESWARAN
NAMBEESAN, 12/4920, ASHRIWAD, SERIN GARDENS, U.C.
COLLEGE P.O, ALUVA, ERNAKULAM DISTRICT, PIN-683102.
R2 BY ADV. SRI.SUSHANTH.J.
R2 BY ADV. SRI.B.S.SIVAJI
R2 BY ADV. SRI.C.DIVAKARAN
R2 BY ADV. SRI.ALAN PRIYADARSHI DEV
PUBLIC PROSECUTOR.SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4255 OF 2020(B) 2
ORDER
The accused came up to quash the FIR registered on the allegation of malpractice committed by the accused in transferring the interest of the defacto complainant over the management of a school in favour of a third person, under the guise of a power of attorney (R2(b)) alleged to have been executed by the defacto complainant. A mere perusal of the power of attorney would show that it is only a special power of attorney given only for the purpose of managing the affairs of the school. No right of transfer or alienation given under the power of attorney. This would show what is behind it. The alleged act of the accused would prima facie satisfy the ingredient which would constitute the offence alleged. Hence, there is no ground for exhausting the inherent power under Section 482 Cr.P.C. Crl.M.C. is dismissed accordingly.
Sd/-
P.SOMARAJAN JUDGE msp Crl.MC.No.4255 OF 2020(B) 3 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A CERTIFIED COPY OF THE FIR NO. 254/2017 DATED 24.10.2017 OF ALONG WITH COMPLAINT OF CHANGARAMKULAM POLICE STATION. ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT DATED 18.05.2020 IN C.C. NO. 395/2020 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI.
ANNEXURE A3 A COPY OF THE ORDER DATED 25.06.2014 OF AEO, EDAPPAL.
ANNEXURE A4 A TRUE COPY OF THE PLAINT IN O.S.NO.
47/2017 PENDING BEFORE THE SUB COURT, THRISSUR.
RESPONDENTS EXHIBITS:
ANNEXURE R2(A) TRUE COPYOF THE WILL DATED 09.10.2001 ANNEXURE R2(B) TRUE COPY OF THE POWER OF ATTORNEY DATED 26.12.1998 ISSUED BY THE DEFACTO COMPLAINANT //TRUE COPY// P.A TO JUDGE