Anil Jacob vs State Of Kerala
2021 Latest Caselaw 14726 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                         CRL.MC NO. 2894 OF 2018
    CRIME NO.1259/2017 OF Palarivattom Police Station, Ernakulam
 AGAINST THE ORDER/JUDGMENT IN CC 17/2018 OF JUDICIAL MAGISTRATE OF
            FIRST CLASS - IX, ERNAKULAM (TEMPORARY), ERNAKULAM
PETITIONERS/ACCUSED NO 1 TO 5:

     1        ANIL JACOB
              PANJOS GARDENS, FLAT NO.19-A,PADIVATTOM, EDAPPALLY
              P.O.,COCHIN - 682 024.

     2        DR.MANOJ PANICKER
              PANJOS GARDENS, FLAT NO.15 B, PADIVATTOM,EDAPPALLY P.O.,
              COCHIN - 682 024.

     3        GEORGE JACOB
              PANJOS GARDENS, FLAT NO.14 B,PADIVATOM, EDAPPALLY, KOCHI
              - 682 024.

     4        JAIN JOB
              AGED 40 YEARS, S/O.M.P.JOB,RESIDING AT PANJOS GARDEN,FLAT
              NO.16 B, PADIVATTOM,EDAPPALLY, KOCHI - 682 024.

     5        SEBASTIAN GEORGE
              AGED 73 YEARS, S/O.K.T.SEBASTIAN,FLAT NO.17-A,
              PADIVATTOM,EDAPPALLY P.O., COCHIN - 682 024.

              BY ADVS.
              MANSOOR.B.H.
              V.SREEJITH (K/1398/2000)
              VIDYA KURIAKOSE



RESPONDENTS/STATE AND COMPLAINANT:

     1        STATE OF KERALA
              (CRIME NO.1259/2017 PALARIVATTOM POLICE
              STATION),REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT
              OF KERALA,ERNAKULAM, KOCHI - 682 031.
 CRL.MC NO. 2894 OF 2018
                               2

    2     THE SUB INSPECTOR OF POLICE
          PALARIVATTOM POLICE STATION,ERNAKULAM - 682 024.

    3     JOSE MANI
          AGED 65 YEARS, S/O.LATE K.I.MANI,CONTRACTOR, KOTTOOR
          HOUSE,PADIVATTOM, EDAPALLY P.O., COCHIN - 682 024,
          EDAPPALLY VILLAGE, KANAYANNOOR TALUK,
          ERNAKULAM DISTRICT, NOW RESIDINGA T 2284,
          14TH A MAIN, HAL SECOND STAGE,INDIRA NAGAR,
          BANGALORE, PIN - 560 008.

          R1 &R2 BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR

          R3 BY ADV.SRI.ANOOP.V.NAIR
                ADV.SRI.NIKITHA ANTONY




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 2894 OF 2018
                                   3

                                 ORDER

Heard.

2. The petitioners came up to quash the final

report and further proceedings in Crime No. 1259 of

2017 in C.M.P.No. 2473/17 registered on the

allegation of offence under Sections 403, 406 r/w

Section 34 IPC. The accused are the office bearers

of the association. The allegation is that an

amount of Rs.1,39,292/- (Rupees one lakh thirty

nine thousand two hundred and ninety two only) was

transferred in their personal account for the

purpose of payment of advocate fee. Inter alia, it

is contended that subsequently the said amount was

given to the concerned advocate by way of advocate

fee. It is submitted by the 3rd respondent(party

respondent), who is the defacto complainant that it

was unauthorizedly transferred in their account

from the account maintained by the association and CRL.MC NO. 2894 OF 2018

which would prima facie satisfy and attract

Sections 403, 406 and 34 IPC. Since it is a

disputed question, it requires adjudication by the

trial court. The jurisdiction under Section 482

Cr.P.C. hence cannot be extended. This Court

cannot usurp the powers of the trial court under

Section 482 Cr.P.C. Hence the present Crl.M.C

deserves only dismissal. I do so.

The Crl.M.C is dismissed.

Sd/-

P.SOMARAJAN JUDGE

SPV CRL.MC NO. 2894 OF 2018

APPENDIX OF CRL.MC 2894/2018

PETITIONER'S ANNEXURE

ANNEXURE 1 COPY OF THE COMPLAINT BEFORE THE PALARIVATTOM POLICE STATION & RECEIPT DATED 14/07/2017.

ANNEXURE II COPY OF THE F.I.R. & CMP REGISTERED BY THE 2ND RESPONDENT AS CRIME NO.1259/2017 DATED 25/07/2017.

ANNEXURE III COPY OF THE LETTER BY 5TH PETITIONER TO PUSHPANGADAN DATED 07/08/2017.

ANNEXURE IV COPY OF LETTER DATED 09/08/2017 TO 5TH PETITIONER WITH COPY TO 2ND RESPONDENT.

ANNEXURE V COPY OF THE IMAGE MARK WEB VIEW FOR CHEQUE INQUIRY-THE COMPUTER PRINTOUT TAKEN FROM THE 5TH PETITIONERS COMPUTER DATED 11/08/2017.

ANNEXURE VI COPY OF THE IMAGE MARK WEB VIEW FOR CHEQUE INQUIRY - THE COMPUTER PRINTOUT TAKEN FROM THE 5TH PETITIONERS COMPUTER DATED 11/08/2017.

ANNEXURE VII COPY OF THE MINUTES OF THE MEETING DATED 18/04/2015.

ANNEXURE VIII COPY OF THE EMAIL PRINT OUT OF THE MINUTES OF THE MEETING CIRCULATED DATED 18/04/2015.

ANNEXURE IX COPY OF CHARTERED ACCOUNTANT AUDITED ACCOUNTS AND AUDITOR'S REPORT DATED 10/04/2016.

ANNEXURE X COPY OF THE MINUTES OF THE GENERAL BODY DATED 16/04/2018.

ANNEXURE XI CERTIFIED COPY OF THE FINAL REPORT FILED BY THE SECOND RESPONDENT BEFORE THE JUDICIAL CRL.MC NO. 2894 OF 2018

FIRST CLASS MAGISTRATE COURT-IX NUMBERED AS C.C.NO.17/2018.

ANNEXURE XII COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK FOR THE YEARS 2012.

ANNEXURE XIII COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK FOR THE YEARS 2013.

ANNEXURE XIV COPY OF THE MINUTES OF THE GENERAL BODY DATED 26/04/2014.

ANNEXURE XV COPY OF THE OPEN LETTER EMAIL CREATED BY LAILLA OOMMEN, FORWARDED TO THE 5TH PETITIONER DATED 15/03/2018.

ANNEXURE XVI TRUE COPY OF THE EMAIL CIRCULATED BY THE 3RD RESPONDENT AMONG THE MEMBERS DATED 24.10.2018

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE