Kerala High Court
Joy John vs State Of Kerala on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
Crl.MC.No.5705 OF 2019(C)
AGAINST THE ORDER/JUDGMENT IN CC 127/2017 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, KOTHAMANGALAM(TEMPORARY)
PETITIONERS[ACCUSED PERONS]:
1 JOY JOHN
AGED 68 YEARS
S/O.JOHN, THENGUMKUDIYIL HOUSE,
POTHANIKKAD VILALGE, KOTHAMANGALAM.
2 JOLLY JOHN,
AGED 53 YEARS
S/O.JOHN, THENGUMKUDIYIL HOUSE, POTHANIKKAD VILLAGE,
KOTHAMANGALAM.
3 GEORGE JOHN,
AGED 59 YEARS
S/O.JOHN, THENGUMKUDIYIL HOUSE, POTHANIKKAD VILLAGE,
KOTHAMANGALAM.
BY ADVS.
SRI.P.THOMAS GEEVERGHESE
SRI.TONY THOMAS (INCHIPARAMBIL)
SRI.E.S.FIROS
RESPONDENTS[STATE & DE-FACTO COMPLAINANT]:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 018.
2 SHAJI THOMAS,
AGED 43 YEARS
S/O.THOMAS, MALIYEKAL HOUSE, MALAYATTOOR,
MALAYATTOOR VILLAGE, ALUVA TALUK, ERNAKULAM-683 587.
R1 BY ADV.SRI.M.R.DHANIL, PUBLIC PROSECUTOR
R2 BY ADV. SRI.S.RAJEEV
R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
R2 BY ADV. SRI.V.VINAY
R2 BY ADV. SRI.D.FEROZE
R2 BY ADV. SRI.K.ANAND (A-1921)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.02.2021, ALONG WITH Crl.MC.5616/2019(B), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
Crl.MC.No.5616 OF 2019(B)
AGAINST THE ORDER/JUDGMENT IN CC 555/2017 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, KOTHAMANGALAM(TEMPORARY)
CRIME NO.106/2016 OF Pothanikadu Police Station , Ernakulam
PETITIONERS [ACCUSED PERSONS]:
1 JOY JOHN,
AGED 68 YEARS
S/O.JOHN, THENGUMKUDIYIL HOUSE, POTHANIKKAD VILLAGE,
KOTHAMANGALAM.
2 JOLLY JOHN,
AGED 53 YEARS
S/O.JOHN, THENGUMKUDIYIL HOUSE, POTHANIKKAD VILLAGE,
KOTHAMANGALAM.
3 GEORGE JOHN,
AGED 59 YEARS
S/O.JOHN, THENGUMKUDIYIL HOUSE, POTHANIKKAD VILLAGE,
KOTHAMANGALAM.
BY ADVS.
SRI.P.THOMAS GEEVERGHESE
SRI.E.S.FIROS
RESPONDENTS [STATE & DE-FACTO COMPLAINANT]:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 018.
2 GERALD K.JOHN,
AGED 40 YEARS, S/O.JOHN, KARIKUNNEL HOUSE,
KUMARAMANGALAM VILLAGE, EAST KALOOR KARA, THODUPUZHA
TALUK, THODUPUZHA - 683 565.
R1 BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR
R2 BY ADV. SRI.S.RAJEEV
R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
R2 BY ADV. SRI.V.VINAY
R2 BY ADV. SRI.D.FEROZE
R2 BY ADV. SRI.K.ANAND (A-1921)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.02.2021, ALONG WITH Crl.MC.5705/2019(C), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.MC.5705/2019 &
Crl.MC.5616/2019
3
ORDER
The matter settled out of court. The
offences alleged are under Sections 406, 420
&34 IPC, with respect to the promise and
failure to grant shares of a particular
company. An affidavit sworn by the defacto
complainant filed in that behalf. As such,
if it is proceeded further, it will not
serve any purpose. Hence, the FIR and the
final report will stand quashed for securing
the ends of justice.
Crl.M.Cs are allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
SPV
Crl.MC.5705/2019 &
Crl.MC.5616/2019
APPENDIX OF Crl.MC 5705/2019
PETITIONERS' EXHIBITS:
ANNEXURE A CERTIFIED COPY OF CMP NO.133/16 OF
JUDICIAL FIRST CLASS MAGISTRATE
COURT-2, KOTHAMANGALAM.
ANNEXURE B CERTIFIED COPY OF FIR IN CRIME
NO.107/2016 OF POTHANIKAD POLICE
STATION, ERNAKULAM RURAL.
ANNEXURE C CERTIFIED COPY OF CHARGE SHEET IN CC
127/2017 ON THE FILES JUDICIAL FIRST
CLASS MAGISTRATE COURT-2,
KOTHAMANGALAM.
ANNEXURE D TRUE COPY OF ANNUAL RETURNS FILED BY
M/S. HOTEL XAVIER'S AVENUE(P) LTD.,
IN FORM MGT 9.
ANNEXURE E TRUE COPY OF PLAINT IN OS 51/2015 OF
SUB COURT, MUVATTUPUZHA.
ANNEXURE F TRUE COPY OF JUDGMENT IN TCP/592/
(IB)/KER/2018 BY NATIONAL COMPANY LAW
TRIBUNAL, CHENNAI BENCH.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
Crl.MC.5705/2019 &
Crl.MC.5616/2019
APPENDIX OF Crl.MC 5616/2019
PETITIONERS' EXHIBITS:
ANNEXURE A TRUE COPY OF CMP NO.127/16 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-2,
KOTHAMANGALAM.
ANNEXURE B CERTIFIED COPY OF FIR IN CRIME NO.106/2016
OF POTHANIKAD POLICE STATION, ERNAKULAM
RURAL.
ANNEXURE C CERTIFIED COPY OF CHARGE - SHEET IN CC
555/2017 ON THE FILES OF JUDICIAL FIRST
CLASS MAGISTRATE COURT-2, KOTHAMANGALAM.
ANNEXURE D TRUE COPY OF ANNUAL RETURNS FILED BY
M/S.HOTEL XAVIER'S AVENUE (P) LTD., IN FORM
MGT 9.
ANNEXURE E TRUE COPY OF PLAINT IN OS 52/2015 ON THE
FILES OF SUB COURT, MUVATTUPUZHA.
ANNEXURE F TRUE COPY OF JUDGMENT IN TCP/592/
(IB)/KER/2018 BY NATIONAL COMPANY LAW
TRIBUNAL, CHENNAI BENCH.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
