P.K. Sudheesh. vs State Of Kerala
2021 Latest Caselaw 5730 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                      Crl.MC.No.2088 OF 2014(F)

AGAINST THE ORDER/JUDGMENT IN CC 965/2013 OF JUDICIAL FIRST CLASS
                 MAGISTRATE COURT, MANANTHAVADY


PETITIONER/ACCUSED:

              P.K. SUDHEESH., AGED 36 YEARS,
              S/O.P.K.KRISHNAN, PLAKUNDIL HOUSE,
              EDAYOORKUNNU,KATTIKULAM P.O., WAYANAD DISTRICT,
              PIN - 670 646

              BY ADVS.
              SRI.GRASHIOUS KURIAKOSE (SR.)
              SMT.CELINE JOSEPH

RESPONDENT:

              STATE OF KERALA
              REP. BY SUB INSPECTOR OF POLICE,
              THIRUNELLY POLICE STATION
              THROUGH PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM.

              BY ADV.SRI.RAMESH CHAND, PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD          ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2088 OF 2014(F)           2



                                ORDER

The offence of cheating must always be construed

along with the power of compounding the offence under

Section 320 Cr.P.C. so as to recognize the competency

of a person to put the criminal law in motion. A

stranger or person having knowledge regarding

commission of offence of"cheating" punishable under

the relevant provision of Chapter XVII either simple

or aggravated, cannot maintain an action

independently. It can only be by the competent

person, who is capable of compounding the said offence

under Section 320 Cr.P.C. viz., 'the person cheated'

and none else. The crime registered at the instance

of Health Department without the juncture of any

person cheated cannot be sustained. Hence, the same

is quashed being an abuse of process of the court.

Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE SPV

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE COMPLAINT DATED 10.10.2013

ANNEXURE A2 TRUE COPY OF THE FIR DATED 22.10.2013

ANNEXURE A3 TRUE COPY OF THE CERTIFICATE FROM THE INDIAN BOARD OF ALTERNATIVE MEDICINES

ANNEXURE A3(A) TRUE COPY OF THE COMPUTER PRINTOUT ABOUT THE ALTERNATIVE MEDICINES

ANNEXURE A3(B) TRUE COPY OF THE CERTIFICATE ISSUED BY DISTRICT TOURISM PROMOTION COUNCIL, WAYANAD.

ANNEXURE A3(C) TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER BY KERALA AYURVEDA PARAMPARYA VIADYA FEDERATION, THIRUVANANTHAPURAM.

ANNEXURE A3 (D) ANNEXURE-A3(D): TRUE COPY OF THE MEMBERSHIP CERTIFICATE OF THE PETITIONER IN THE KERALA AYURVEDA PARAMPARYA VIADYA FEDERATION.

ANNEXURE A3(E) TRUE COPY OF THE CERTIFICATE THAT THE PETITIONER HAS OBTAINED AT KALARI MARMA CHIKITSA HELD AT KADACHIRA.

ANNEXURE A3(F) TRUE COPY OF THE VISITING CARD OF THE PETITIONER

ANNEXURE A3(G) TRUE COPY OF THE CERTIFICATE OF MASTERS DEGREE IN 'YOGA' IN THE YEAR 2010.

ANNEXURE A3(H) TRUE COPY OF THE MARK LIST ISSUED FROM ANNAMALAI UNIVERSITY

ANNEXURE A3(I) TRUE COPY OF THE CERTIFICATE SHOWING THAT HE HAS OBTAINED THE POST GRADUATE DIPLOMA IN YOGA

ANNEXURE A3(J) TRUE COPY OF THE CERTIFICATE OBTAINED FROM ALL INDIA KARATE FEDERATION

ANNEXURE A3(K) TRUE COPY OF THE PERMIT ISSUED UNDER THE KERALA POLICE RULES 2000.

ANNEXURE A3(L) TRUE COPY OF THE CERTIFICATE ISSUED BY KUNG-FU FEDERATION OF INDIA.

ANNEXURE A3(M) A TRUE COPY OF THE CERTIFICATE ISSUED BY AMATAEUR BOXING ASSOCIATION.

ANNEXURE A3(N) TRUE COPY OF THE BLACK BELT (KARATE) GRADE CERTIFICATE

ANNEXURE A4 TRUE COPY OF THE PETITION TO WITHDRAW THE COMPLAINT AGAINST THE PETITIONER

ANNEXURE A5 CERTIFIED COPY OF THE FINAL REPORT

ANNEXURE A6 TRUE COPY OF THE MEMORANDUM OF EVIDENCE

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE