Rajan Varghese vs State Of Kerala
2021 Latest Caselaw 5224 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                      Crl.MC.No.6853 OF 2015(G)

AGAINST THE ORDER/JUDGMENT IN CC 725/2014 OF JUDICIAL FIRST CLASS
                MAGISTRATE COURT - III, KOTTAYAM

   CRIME NO.414/2014 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM


PETITIONER/ACCUSED:

             RAJAN VARGHESE, AGED 49 YEARS,
             S/O. VARGHESE, PANACKAMATTOM HOUSE, KARIMBINKALA
             BHAGOM, PAKKIL P.O., NATTAKOM VILLAGE,
             KOTTAYAM DISTRICT.

             BY ADV. SRI.MATHEW KURIAKOSE

RESPONDENTS/STATE /COMPLAINANT:

      1      STATE OF KERALA
             (CRIME NO. 414/2014 OF KOTTAYAM WEST POLICE STATION),
             REPRESENTED BY THE PULIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, KOCHI - 682 031.

      2      C.C.RAJENDRAN
             AGED 71 YEARS
             S/O. CHINNASWAMI PILLAI, CNC HOUSE, ANCHITHODE
             BHAGOM, PANAYOORKARA, PALAKKAD DISTRICT - 678 552.

      3      PRANESH RAJENDRAN
             AGED 37 YEARS
             S/O. C.C. RAJENDRAN, CNC HOUSE, ANCHITHODE BHAGOM,
             PANAYOORKARA, PALAKKAD DISTRICT - 678 552.

             R1-2 BY ADV. SRI.V.N.HARIDAS
             R1 BY ADV. SRI.K.P.VIJAYAN

             PUBLIC PROSECUTOR SRI.E.C.BINEESH

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD           ON
12.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6853 OF 2015(G)           2




                                  ORDER

The non-issuance of a course certificate by

the Distance Education Institution was taken up to

fasten criminal liability under Section 420 IPC and

after investigation, a final report to that effect

was submitted. The non-issuance of course

certificate in time would not attract 'cheating' as

defined under Section 415 IPC. Hence, the crime

registered and the final report submitted are

hereby quashed. Hence, the Crl.M.C. is allowed

accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A CERTIFIED COPY OF THE CHARGE SHEET CUM FINAL IN CRIME NO. 414/2014 OF THE KOTTAYAM WEST POLICE STATION.

ANNEXURE B TRUE COPY OF THE CERTIFIED OF AFFILIATION ISSUED BY THE WEST COAST UNIVERSITY, PANAMA OF CENTRAL AMERICA TO THE NINANS ENGINEERING COLLEGE, KOTTAYAM.

ANNEXURE C TRUE COPY OF THE APPLICATION FOR ADMISSION DTD. 01.2.2013 SUBMITTED BY THE 3RD RESPONDENT TO THE NINANS ENGINEERING COLLEGE, KOTTAYAM.

ANNEXURE D TRUE COPY OF THE E-MAIL CORRESPONDENCES TOOK PLACE BETWEEN THE 3RD RESPONDENT AND NINANS ENGINEERING COLLEGE, KOTTAYAM.

ANNEXURE E TRUE COPY OF THE CERTIFICATE ISSUED BY THE WEST COAST UNIVERSITY IN THE NAKE OF THE 3RD RESPONDENT.

ANNEXURE F TRUE COPY OF THE STATEMENT GIVEN BY THE 3RD RESPONDENT TO THE INVESTIGATING OFFICER IN CRIME NO. 414/2014 OF KOTTAYAM WEST POLICE STATION.

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE