M.P.Ramankutty vs State Of Kerala
2021 Latest Caselaw 54 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                        Crl.MC.No.4255 OF 2020(B)

 AGAINST THE ORDER/JUDGMENT IN CC 395/2020 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I, PONNANI

 CRIME NO.254/2017 OF CHANGARAMKULAM POLICE STATION , MALAPPURAM


PETITIONERS/ACCUSED NO.1:

             M.P.RAMANKUTTY,
             AGED 80 YEARS
             S/O. KESAVAN NAMBIAR, NALISSERI PATTATHU HOUSE,
             VADAKKUMMURI P.O, PERINGOTTUKKARA, THRISSUR DISTRICT,
             PIN-680 570

             BY ADVS.
             SRI.LINDONS C.DAVIS
             SMT.E.U.DHANYA
             SMT.SEEMA P.P.

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682 031

      2      C.P. KESAVAN NAMBEESAN,
             AGED 78 YEARS, S/O. CHEMPOZHEY PARAMESWARAN
             NAMBEESAN, 12/4920, ASHRIWAD, SERIN GARDENS, U.C.
             COLLEGE P.O, ALUVA, ERNAKULAM DISTRICT, PIN-683102.

             R2   BY   ADV.   SRI.SUSHANTH.J.
             R2   BY   ADV.   SRI.B.S.SIVAJI
             R2   BY   ADV.   SRI.C.DIVAKARAN
             R2   BY   ADV.   SRI.ALAN PRIYADARSHI DEV

             PUBLIC PROSECUTOR.SRI.E.C.BINEESH

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.4255 OF 2020(B)           2




                              ORDER

The accused came up to quash the FIR registered on

the allegation of malpractice committed by the accused

in transferring the interest of the defacto complainant

over the management of a school in favour of a third

person, under the guise of a power of attorney (R2(b))

alleged to have been executed by the defacto

complainant. A mere perusal of the power of attorney

would show that it is only a special power of attorney

given only for the purpose of managing the affairs of

the school. No right of transfer or alienation given

under the power of attorney. This would show what is

behind it. The alleged act of the accused would prima

facie satisfy the ingredient which would constitute the

offence alleged. Hence, there is no ground for

exhausting the inherent power under Section 482 Cr.P.C.

Crl.M.C. is dismissed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 A CERTIFIED COPY OF THE FIR NO. 254/2017 DATED 24.10.2017 OF ALONG WITH COMPLAINT OF CHANGARAMKULAM POLICE STATION.

ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT DATED 18.05.2020 IN C.C. NO. 395/2020 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI.

ANNEXURE A3 A COPY OF THE ORDER DATED 25.06.2014 OF AEO, EDAPPAL.

ANNEXURE A4 A TRUE COPY OF THE PLAINT IN O.S.NO.

47/2017 PENDING BEFORE THE SUB COURT, THRISSUR.

RESPONDENTS EXHIBITS:

ANNEXURE R2(A) TRUE COPYOF THE WILL DATED 09.10.2001

ANNEXURE R2(B) TRUE COPY OF THE POWER OF ATTORNEY DATED 26.12.1998 ISSUED BY THE DEFACTO COMPLAINANT

//TRUE COPY//

P.A TO JUDGE