Kerala High Court

Jaseena J vs State Of Kerala on 8 January, 2021

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                      Crl.MC.No.6528 OF 2013

 AGAINST THE ORDER/JUDGMENT IN CC 972/2012 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I,ATTINGAL

CRIME NO.66/2011 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM


PETITIONER/ACCUSED NO.5:
             JASEENA J.
             W/O. ARSHAD, AGED 35 YEARS, JASMINE MANZIL,
             POTHENCODE, THIRUVANANTHAPURAM.

             BY ADVS.
             SRI.K.T.SHYAMKUMAR
             SHRI.HARISH R. MENON

RESPONDENT/DE-FACTO COMPLAINANT:
       1     STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM.

      2      M/S. MUTHOOT MERCANTILE LIMITED,
             REGISTERED OFFICE 113, ATTUKAL SHOPPING COMPLEX, EAST
             FORT, THIRUVANANTHAPURAM-695023.

      3      M. MATHEW,CHAIRMAN, M/S. MUTHOOT MERCANTILE LIMITED,
             REGISTERED OFFICE: 113, ATTUKAL SHOPPING COMPLEX,
             EAST FORT, THIRUVANANTHAPURAM-695023.

             R1-2 BY ADV. SMT.ASHA BABU
             R1 BY ADV. SMT.AMMU CHARLES
             R1 BY ADV. SRI.M.MANOJKUMAR CHELAKKADAN
             R1 BY ADV. SRI.S.M.PRASANTH
             R1 BY ADV. SRI.K.RAMAKUMAR SR.

             PUBLIC PROSECUTOR.SRI.K.B.UDAYAKUMAR,
                               SRI.M.R.DHANIL

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
08.01.2021, ALONG WITH Crl.MC.54/2014, Crl.MC.71/2014, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6528 OF 2013
and connected cases               2


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                         Crl.MC.No.54 OF 2014

AGAINST THE ORDER/JUDGMENT IN CRMC 6528/2013 DATED 20-12-2013 OF
                      HIGH COURT OF KERALA

AGAINST THE ORDER/JUDGMENT IN CC 972/2012 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -I,ATTINGAL

          CRIME NO.66/2010 OF POTHENCODE POLICE STATION ,
                         THIRUVANANTHAPURAM

PETITIONER/ACCUSED NO.6:
             JASEENA J
             W/O. ARASHAD, AGED 35 YEARS, JASMINE MANZIL,
             POTHENCODE, THIRUVANANTHAPURAM.

              BY ADVS.
              SRI.K.T.SHYAMKUMAR
              SHRI.HARISH R. MENON
              SRI.JAI GEORGE

RESPONDENT/DE-FACTO COMPLAINANT:
       1     STATE OF KERALA, REPRESENTED BY THE PUBLIC
             PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

      2       M/S. MUTHOOT MERCANTILE LIMITED
              REGISTERED OFFICE: 113, ATTUKAL SHOPPING COMPLEX,
              EAST FORT, THIRUVANANTHAPURAM-695023.

      3       M.MATHEW, CHAIRMAN, M/S. MUTHOOT MERCANTILE
              LIMITED, REGISTERED OFFICE: 113, ATTUKAL SHOPPING
              COMPLEX, EAST FORT, THIRUVANANTHAPURAM-695023.
              R1-2 BY ADV. SMT.ASHA BABU
              R1 BY ADV. SMT.AMMU CHARLES
              R1 BY ADV. SRI.M.MANOJKUMAR CHELAKKADAN
              R1 BY ADV. SRI.S.M.PRASANTH
              R1 BY ADV. SRI.K.RAMAKUMAR SR.
              R1 BY ADV. SRI.K.T.SIDHIQ

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
08.01.2021, ALONG WITH Crl.MC.6528/2013, Crl.MC.71/2014, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6528 OF 2013
and connected cases               3


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                         Crl.MC.No.71 OF 2014

AGAINST THE ORDER/JUDGMENT IN CRMC 6528/2013 DATED 20-12-2013 OF
                      HIGH COURT OF KERALA

AGAINST THE ORDER/JUDGMENT IN CC 973/2012 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -I,ATTINGAL

          CRIME NO.66/2010 OF POTHENCODE POLICE STATION ,
                         THIRUVANANTHAPURAM


PETITIONER/ACCUSED NO.6:
             JASEENA J., W/O.ARSHAD, AGED 35 YEARS, JASMINE
             MANZIL, POTHENCODE, THIRUVANANTHAPURAM.

              BY ADVS.
              SRI.K.T.SHYAMKUMAR
              SHRI.HARISH R. MENON
              SRI.JAI GEORGE

RESPONDENT/DE-FACTO COMPLAINANT:
       1     STATE OF KERALA, REPRESENTED BY THE PUBLIC
             PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682 031.

      2       MS. MUTHOOT MERCANTILE LIMITED
              REGISTERED OFFICE 113, ATTUKAL SHOPPING COMPLEX,
              EAST FORT, THIRUVANANTHAPURAM 695 023.

      3       M.MATHEW, CHAIRMAN, M/S. MUTHOOT MERCANTILE
              LIMITEDREGISTERED OFFICE 113, ATTUKAL SHOPPING
              COMPLEX, EAST FORT, THIRUVANANTHAPURAM 695 023.

              R1-2 BY ADV. SMT.ASHA BABU
              R1 BY ADV. SMT.AMMU CHARLES
              R1 BY ADV. SRI.M.MANOJKUMAR CHELAKKADAN
              R1 BY ADV. SRI.S.M.PRASANTH
              R1 BY ADV. SRI.K.RAMAKUMAR SR.

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
08.01.2021, ALONG WITH Crl.MC.6528/2013, Crl.MC.54/2014, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6528 OF 2013
and connected cases                  4




                                 ORDER

The 6th accused came up to quash the criminal

proceedings against her in three cases. It is in

connection with the malpractice and

misappropriation done during the course of pledging

of gold ornaments with a private bank. Final

report was submitted. The accused No.6 was

employed as cashier in the said firm. The first

statement given by the defacto complainant and the

additional statement excludes her alleged role in

the crime. Hence, if it is proceeded further, it

will not serve any purpose. The crime and its

further proceedings including the final report as

against accused No.6 are hereby quashed. Crl.M.Cs

are allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp Crl.MC.No.6528 OF 2013

APPENDIX OF Crl.MC 6528/2013 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE FIR IN CRIME NUMBER 66/11 DATED 3-2-2010 REGISTERED BY THE PTHENCODE POLICE, IN THIRUVANANTHAPURAM RURAL DISTRICT STATION.

EXHIBIT P2 A COPY OF THE COMPLAINT DATED 19-1-2010 SUBMITTED BY THE MANAGING DIRECTOR OF THE 2ND RESPONDENT COMPANY BEFORE THECIRCLE INSPECTOR OF POLICE KAZHAKKUTTAM POLICE STATION.

EXHIBIT P3 A TRUE COPY OF THE STATEMENT DATED 25-1-10 BY THE 2ND RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE ORDER NO.

D1/1000(11)2010 T DATED 23-2-2010 THE SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM RURAL.

EXHIBIT P5 A TRUE COPY OF THE 161 STATEMENTS RECORDED BY THE INVESTIGATING OFFICER

EXHIBIT P6 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 66/2010 OF POTHENCODE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 420.468,471/R/W 34 OF THE INDIAN PENAL CODE OF AND PENDING AS CC. NO. 972/2012 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT- ATTINGAL.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 14-8-2012 ACCEPTING RESIGNATION OF THE PETITIONER. Crl.MC.No.6528 OF 2013

APPENDIX OF Crl.MC 54/2014 PETITIONER'S/S EXHIBITS:

ANNEXURE P1 A TRUE COPY OF THE FIR IN CRIME NUMBER 66/11 DATED 3-2-2010 REGISTERED BY THE POTHENCODE POLICE, IN THIRUVANANTHAPURAM RURAL DISTRICT STATION.

ANNEXURE P2 A COPY OF THE COMPLAINT DATED 19-1-2010 SUBMITTED THE MANAGING DIRECTOR OF THE 2ND RESPONDENT COMPANY BEFORE THE CIRCLE INSPECTOR OF POLICE, KAZHAKKUTTAM POLICE STATION.

ANNEXURE P3 A TRUE COPY OF THE STATEMENT DATED 25-1-

2010, BY THE 2ND RESPONDENT.

ANNEXURE P4 A TRUE COPY OF THE ORDER NO.

D1/1000(11)2010 T DATED 23-2-2010, THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL.

ANNEXURE P5 A TRUE COPY OF THE 161 STATEMENTS RECORDED BY THE INVESTIGATING OFFICER.

ANNEXURE P6 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 66/2010 OF POTHENCODE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 420, 468, 471 R/W 34 OF THE INDIAN PENAL CODE OF, AND PENDING AS C.C.NO. 972/2012 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL.

ANNEXURE P7 TRUE COPY OF THE LETTER DATED 14-8-2012 ACCEPTING THE RESIGNATION OF THE PETITIONER.

ANNEXURE P8 TRUE COPY OF THE ORDER DATED 20-12-2013 IN CRL.M.P.NO. 10957/2013 IN CRL.M.C.NO. 6528/2013.

Crl.MC.No.6528 OF 2013

APPENDIX OF Crl.MC 71/2014 PETITIONER'S/S EXHIBITS:

ANNEXURE P1 ANNEXURE A1. COPY OF THE FIR IN CRIME NO.66/11 DATED 3.2.10 REGISTERED BY THE POTHENCODE POLICE, IN THIRUVANANTHAPURAM RURAL DISTRICT, STATION.

ANNEXURE P2 ANNEXURE A2. COPY OF THE COMPLAINT DATED 19.1.10 SUBMITTED BY THE MANAGING DIRECTOR OF THE 2ND RESPONDENT COMPANY BEFORE THE CIRCLE INSPECTOR OF POLICE, KAZHAKUTTAM POLICE STATION.

ANNEXURE P3 ANNEXURE A3. COPY OF THE STATEMENT DATED 25.1.10 BY THE 2ND RESPONDENT.

ANNEXURE P4 ANNEXURE A4. COPY OF THE ORDER NO.D1/1000(11)2010 T DATED 23.2.10 THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL.

ANNEXURE P5 ANNEXURE A5. COPY OF THE 161 STATEMENTS RECORDED BY THE INVESTIGATING OFFICER.

ANNEXURE P6 ANNEXURE A6. COPY OF THE FINAL REPORT IN CRIME NO.66/10 OF POTHENCODE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 420, 468, 471 R/W 34 OF THE INDIAN PENAL CODE OF AND PENDING AS CC NO.973 OF 2012 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT 1, ATTINGAL.

ANNEXURE P7 ANNEXURE A7. COPY OF THE LETTER DATED 14.8.12 ACCEPTING THE RESIGNATION OF THE PETITIONER.

ANNEXURE P8 ANNEXURE A8. COPY OF THE ORDER DATED 20.12.13 IN CRL.MP NO.10957/13 IN CRL.MC NO. 6528/13.

//TRUE COPY//

P.A. TO JUDGE