Arun Sagar vs State Of Kerala
2021 Latest Caselaw 6404 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                     Crl.MC.No.1372 OF 2020(B)

    CRIME NO.1354/2019 OF NORTH PARUR POLICE STATION, ERNAKULAM


PETITIONER/1st ACCUSED:

             ARUN SAGAR,S/O. DANAVAN,
             PARAMBATHERIL HOUSE, KEDAMANGALAM KARA,
             PARAVUR TALUK, ERNAKULAM DISTRICT.

             BY ADVS.
             SRI.G.HARIHARAN
             SRI.PRAVEEN.H.

RESPONDENTS/STATE & COMPLAINANT:

      1      STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031.

      2      SUB INSPECTOR OF POLICE,
             NORTH PARUR POLICE STATION,
             NORTH PARUR, ERNAKULAM DISTRICT-683513.

      3      MR. NAZAR,
             S/O. MOINDEENKUTTY, KARUKAPADATH HOUSE,
             NEAR U.C. COLLEGE, ALUVA,
             ERNAKULAM DISTRICT-683102.

             R3 BY ADVS. SRI.BABU KARUKAPADATH
                         SMT.M.A.VAHEEDA BABU
                         SRI.AVINASH P RAVEENDRAN
                         SMT.ARYA RAGHUNATH
                         SMT.VAISAKHI V.
                         SRI.SHELLY PAUL
                         SMT.SNEHA SUKUMARAN MULLAKKAL
                         SRI.P.VIJAYA BHANU (SR.)


             PUBLIC PROSECUTOR SRI.RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD           ON
23.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1372 OF 2020(B)            2



                                   ORDER

For quashing the FIR registered on the allegation

of offence under Sections 406, 420, 468,471 r/w

Section 34 IPC, the accused No.1 came up. It is in

connection with a mutual agreement for exchange of

immovable properties by receiving Rs.65 lakhs by

accused Nos. 1 to 3. Annexure IV second agreement

and its execution are disputed and denied by the

defacto complainant, stating that it was forged by

the accused person for the purpose of making unlawful

gain and thereby caused unlawful loss to the defacto

complainant. If it is proved, it would squarely

satisfy the offence under Sections 468 and 420 IPC.

Investigation is going on and as such it is not fit

and proper to interfere with the investigation at

this juncture.

Criminal M.C is dismissed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

MSP

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE I TRUE COPY OF THE FIRST INFORMATION REPORT REGISTERED IN CONNECTION WITH CRIME NO.1354/2019 OF NORTH PARUR POLICE STATION AS AGAINST THE PETITIONER AND TWO OTHERS.

ANNEXURE II TRUE COPY OF THE STATEMENT DATED 24/11/2019 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT IN CONNECTION WITH ANNEXURE- I FIR.

ANNEXURE III TRUE COPY OF THE SALE AGREEMENT DATED 05/01/2019 EXECUTED BY THE PETITIONER AND HIS FATHER WITH THE 3RD RESPONDENT AND HIS WIFE SMT. SABEENA.

ANNEXURE IV TRUE COPY OF THE AGREEMENT DATED 01/08/2019 EXECUTED BY THE 3RD RESPONDENT AND HIS WIFE WITH THE PETITIONER'S FATHER AND MOTHER.

ANNEXURE V TRUE COPY OF THE PLAINT IN OS NO.533/2019 ON THE FILES OF MUNSIFF COURT, NORTH PARUR FILED BY THE PETITIONER'S MOTHER AGAINST THE 3RD RESPONDENT AND THREE OTHERS.

ANNEXURE VI TRUE COPY OF THE PLAINT FILED IN CONNECTION WITH OS NO. 107/2019 BEFORE THE SUB COURT AT NORTH PARUR BY THE 3RD RESPONDENT AND TWO OTHERS AGAINST THE PETITIONER'S FATHER AND MOTHER.

ANNEXURE VII TRUE COPY OF THE STATEMENT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE HON'BLE COURT IN CONNECTION WITH BA NO.9061/2019.

ANNEXURE VIII TRUE COPY OF THE JUDGMENT MADE IN W.P.(C) NO.11009/2020 DATED 22.09.2020.

ANNEXURE VIII TRUE COPY OF THE ORDER MADE IN CRL.M.P.NO.2179/2019 IN CRL.APPEAL.NO.251/2019 DATED 26.08.2019 ISSUED BY THE DISTRICT AND SESSIONS COURT, ERNAKULAM

ANNEXURE IX TRUE COPY OF THE CASE DETAILS RELATING TO CRL.R.P.NO.1546/2016 IN C.C.268/2013 AS ON 18/12/2020

RESPONDENTS ANNEXURES:

ANNEXURE R3(A) A TRUE COPY OF THE BOARDING PASS OF DR.AJMAL FOR HIS TRAVEL FROM COCHIN TO PUNE ON 31.12.2018

ANNEXURE R3(B) A TRUE COPY OF THE RETURN TICKET OF MR.DR.AJMAL FOR HIS TRAVEL FROM MUMBAI TO COCHIN ON 10.01.2019

ANNEXURE R3(C) A TRUE COPY OF THE ADMIT CARD OF DR.AJMAL FOR PG NEET EXAMINATION ON 06/01/2019 AT MUMBAI

ANNEXURE R3(D) A TRUE COPY OF THE SCORE CARD OF DR.AJMAL OF HIS PG NEET EXAMINATION

ANNEXURE R3(E) A TRUE COPY OF THE AGREEMENT DATED 24/06/2019 EXECUTED BETWEEN THE PARENT OF THE PETITIONER AND MR.BONY WITH RESPECT TO THE PROPERTY COVERED BY ANNEXURE A4 AGREEMENT

ANNEXURE R3(F) A TRUE COPY OF THE ORDER DATED 03/03/2020 IN B.A.NO.9061/2019 OF THIS HON'BLE COURT

ANNEXURE R3(G) A TRUE COPY OF THE ORDER DATED 15/06/2020 IN SLP (CRL.) NO.2699/2020 OF THE HON'BLE SUPREME COURT OF INDIA

ANNEXURE R3(H) A TRUE COPY OF THE JUDGMENT DATED 25/07/2019 IN C.C.NO.1738/2008 OF THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM

ANNEXURE R3(I) A TRUE COPY OF THE ORDER DATED 12/06/2018 IN B.A.NO.3716/2018 OF THIS HON'BLE COURT GRANTING ANTICIPATORY BAIL TO THE PETITIONER

ANNEXURE R3(J) A TRUE COPY OF THE ORDER DATED 03/05/2013 IN B.A.NO.2430/2013 OF THIS HON'BLE COURT

ANNEXURE R3(K) A TRUE COPY OF THE STATEMENT DATED 12/01/2021 FILED BY THE SUB INSPECTOR OF POLICE OF NORTH PARAVOOR POLICE STATION IN CRL.M.C.NO.5486/2020

ANNEXURE R3(L) A TRUE COPY OF THE ORDER DATED 27/01/2021 IN CRL.M.C.NO.5486/2020, OF THIS HON'BLE COURT //TRUE COPY//

P.A. TO JUDGE