Jiji George vs State Of Kerala
2021 Latest Caselaw 743 Ker

               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.6107 OF 2019(C)

   CC 457/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NILAMBUR

   CRIME NO.20/2017 OF VAZHIKADAVU POLICE STATION, MALAPPURAM



PETITIONER:

               JIJI GEORGE,
               AGED 36 YEARS,
               S/o GEORGE, 35/15,
               THAZHATHUMALAYIL HOUSE,
               VARAKULAM, MANIMOOLI.P.O-679333

               BY ADVS.SRI.A.T.ANILKUMAR
                       SMT.V.SHYLAJA

RESPONDENTS:

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

      2        THE SUB INSPECTOR OF POLICE,
               VAZHIKADAVU POLICE STATION,
               MALAPPURAM DISTRICT

      3        NOUSHAD ALI,
               S/o MUHAMMED,
               KADAKULATH VEEDU,
               CHENGATHOR.P.O

               BY SR. PUBLIC PROSECUTOR SRI. SUMAN CHAKRAVARTHY
               BY PUBLIC PROSECUTOR SRI. M.R. DHANIL
               R3 BY ADV. SRI.T.G.RAJENDRAN



     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD           ON
08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.6107 of 2019        2




                            ORDER

The crime registered and its further proceedings on

the allegation of offence under Sections 406 and 420

IPC is under challenge. It is with respect to the

purchase of a JCB owned by the defacto complainant for

which certain amounts were paid. It was subject to a

bank loan at that time which was subsequently closed.

What is involved is only a civil dispute and the police

has unauthorizedly intervened in a civil dispute by

registering a crime. Crl.M.C. is allowed accordingly

by quashing the FIR and its subsequent proceedings.

Sd/-

                                       P.SOMARAJAN

DMR/-                                     JUDGE




                              APPENDIX
PETITIONER'S ANNEXURES:

ANNEXURE A                TRUE COPY OF RECEIPT SHOWING THE PAYMENT OF

ADVANCE AMOUNT OF RS.20,000/-

ANNEXURE B TRUE COPY OF THE DETAILS OF THE RECEIPT SHOWING THE PAYMENT OF RS.4,72,761/-

ANNEXURE C TRUE COPY OF THE SCHEDULE ISSUED BY THE FINANCE COMPANY AT THE TIME OF TAKING HIRE PURCHASE FACILITY

ANNEXURE D TRUE COPY OF THE R.C PARTICULARS OF THE ABOVE REFERRED VEHICLE

ANNEXURE E TRUE COPY OF THE INSURANCE CERTIFICATE OF THE VEHICLE

ANNEXURE F TRUE COPY OF THE TAX TOKEN SHOWING THE PAYMENT OF ROAD TAX

ANNEXURE G TRUE COPY OF THE FIR

ANNEXURE H TRUE COPY OF THE CHARGE IN CC NO.457/2018 ON THE FILE OF JFCM, NILAMBUR

ANNEXURE I TRUE COPY OF THE PLAINT IN O.S.No.382/2019 ON THE FILE OF MUNSIFFS COURT, MANJERI.

RESPONDENTS' ANNEXURE:

ANNEXURE R2(a) : TRUE COPY OF THE ORDER DATED 26.06.2018 IN CRL.M.C.No.3294/2017.

ANNEXURE R3(A) :          TRUE COPY OF THE JUDGMENT REPORTED IN
                          1984 KLT 268


                                                 // TRUE COPY    //



                                                 P.A. TO JUDGE