S.Dileep vs State Of Kerala
2021 Latest Caselaw 5372 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                      Crl.MC.No.8468 OF 2017(G)

AGAINST THE ORDER/JUDGMENT IN CC 2982/2016 OF JUDICIAL MAGISTRATE
                       OF FIRST CLASS -II,

   CRIME NO.215/2016 OF FORT POLICE STATION, THIRUVANANTHAPURAM


PETITIONER:

               S.DILEEP, S/O. SHAHUL HAMEED, SUNAINA MANZIL,
               RUBY NAGAR,CHALA,
               THIRUVANANTHAPURAM - 695 036.

               BY ADVS.
               SRI.DINESH R.SHENOY
               SRI.EBIN MATHEW
               SMT.K.K.JYOTHILAKSHMY

RESPONDENTS:

      1        STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA FOR SUB INSPECTOR OF POLICE,
               FORT POLICE STATION,
               THIRUVANANTHAPURAM, PIN - 695 023.

      2        JACOB, AGED 56, S/O. THOMAS,
               KUTTIKKADAN HOUSE, AALTHARA JUNCTION,
               MANKUZHI LANE,
               CHIYARAM VILLAGE,
               THRISSUR DISTRICT, PIN - 680 506.


               PUBLIC PROSECU.SRI.RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.8468 OF 2017(G)           2




                                ORDER

The non-payment of amount due in connection

with the making of gold ornaments taken as a ground

to fasten liability under Section 420 IPC by

registering a crime and submission of final report,

against which, the accused came up.

The matter is of civil nature. Hence, for

securing ends of justice, the FIR and the final

report are hereby quashed. Crl.M.C. is allowed

accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN FIR 215/2016, JFCM COURT, THIRUVANANTHAPURAM.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FILED IN CC NO. 2982/2016, JFCM II, THIRUVANANTHAPURAM (CRIME NO.215/2016, FORT POLICE STATION, THIRUVANANTHAPURAM).

ANNEXURE A3 TRUE PHOTOCOPY OF COMPLAINT DATED 17/7/2015 FILED BY THE PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE.

ANNEXURE A4 TRUE PHOTOCOPY OF COMPLAINT DATED 21/3/2016 SUBMITTED BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA.

ANNEXURE A5 TRUE PHOTOCOPY OF COMPLAINT DATED 4/4/2016 FILED BY THE PETITIONER BEFORE THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM, TOGETHER WITH RECEIPT.

ANNEXURE A6 TRUE PHOTOCOPY OF NOTICE NO.A8-8547/16 DATED 23/2/2016 ISSUED TO THE PETITIONER.

ANNEXURE A7 TRUE PHOTOCOPY OF EXPLANATION DATED 4/8/2016 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

ANNEXURE A8 TRUE PHOTOCOPY OF ORDER NO.A8-8547/16/K.DIS DATED 6/9/2016 ISSUED BY THE FIRST COMMISSIONER.

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE