Kerala High Court
Shahul Hameed vs State Of Kerala on 8 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 8TH DAY OF JUNE 2021 / 18TH JYAISHTA, 1943
CRL.MC NO. 4136 OF 2020
PETITIONER/S:
SHAHUL HAMEED
AGED 46 YEARS
S/O. NOORUDHEEN, RESIDING AT M.P. HOUSE,VAIDYARANGADI
P.O, NEAR JUMA MASJID, KOZHIKODE-673 633
BY ADVS.
PRATHAP. S.R.K.
SHRI.DHANANJAY DEEPAK
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-682 031
2 THE STATION HOUSE OFFICER,
FEROKE POLICE STATION, KOZHIKODE -673 631.
3 HARIF OTHAYOTH,
S/O. YOUSOOF KOYA RESIDING AT KAAKOTHY PARAMBU HOUSE,
POOZHIYIL ROAD, PUTHENVEETTIL, WEST HILL P.O,
KOZHIKODE 673 005
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON 08.06.2021 DELIVERED THE FOLLOWING:
Crl.M.C.No. 4136 of 2020
2
ORDER
Dated this the 8th day of June, 2021
Petitioner is the accused in Crime No.111 of
2020 of the Feroke Police Station, now pending as
C.P.No.9 of 2020 on the files of the Judicial
First Class Magistrate Court-V, Kozhikode. The
crime was registered based on the third
respondent's complaint alleging commission of
offences punishable under Sections 308 and 420 of
IPC. As per the averments in the complaint, the
third respondent's inability to repay the business
loan availed from the Catholic Syrian Bank had
resulted in his residential house being brought to
sale. At that juncture, the petitioner contacted
the third respondent, claiming to be an Advocate
practising in the High Court and also the General
Crl.M.C.No. 4136 of 2020
Secretary of an organisation named the Kerala Debt
and Debt Trap Victims Association and assured that
he will negotiate with the Bank and secure
substantial reduction in the amount outstanding in
the third respondent's loan account. Believing the
petitioner's words, the third respondent entrusted
substantial amounts as and when demanded by the
petitioner. The third respondent was made to
believe that the money was being utilised for
settling his loan account. Thus, an amount of
Rs.15,80,000/- was collected by the petitioner.
While so, officials from the Bank came to the
third respondent's house to evict him and sell the
property. Thereupon, the third respondent realised
that the amounts handed over to the petitioner had
not been remitted in his account. The petitioner
was therefore called upon to produce proof of the
payments effected and expenses incurred and a
Crl.M.C.No. 4136 of 2020
discussion was held in the presence of mediators
on 05.02.2020. The petitioner failed to produce
the documents evidencing payment and on being
compelled promised to fetch the documents from his
house and hand them over to the third respondent
at Ramanattukara Junction. Hence, the third
respondent waited at Ramanattukara Junction and by
about 12'O' clock, the petitioner came in a car
and instead of stopping the car and handing over
the documents, sped away after dashing the car on
the third respondent's hand. Hence the complaint.
2. After investigation, the Police filed
Annexure 7 Final Report, alleging commission of
the offence under Section 308 IPC. Allegation
regarding the offence under Section 420 IPC being
distinct and separate, third respondent filed
separate complaints, resulting in Crime No.682 of
2020 being registered at the Feroke Police Station
Crl.M.C.No. 4136 of 2020
and Crime No.621 of 2020, at the Pantheerankavu
Police Station. The prayer in this Crl.M.C is to
quash Annexure 7 Final Report and all further
proceedings on the ground that the allegations
upon which the crime is registered, are false.
3. According to the learned Counsel for the
petitioner, an amount of Rs. 18,00,000/- is due to
him from the third respondent. When petitioner
insisted that the money should be returned, third
respondent and friends wrongfully restrained and
intimidated him at Ramanattukara Junction at about
11.30 a.m on 05.02.2020. The incident was reported
to the Police and Crime No.84 of 2020 was
registered against the third respondent and three
others for offences punishable under Sections 341
and 506 r/w 34 of IPC. In support of this
contention, Annexure 3 agreement is relied on. It
is argued that the third respondent having agreed
Crl.M.C.No. 4136 of 2020
to repay Rs.18,00,000/- received from the
petitioner, the allegations to the contrary can
only be false. Reliance is also placed on the
witness statement and scene mahazar in Crime No.84
of 2020, registered at the petitioner's instance.
5. Learned Public Prosecutor submitted that
the petitioner is a history sheeter involved in
various other cheating cases. It is contended that
no extraordinary circumstance, warranting exercise
of the inherent jurisdiction under Section 482
Cr.P.C, is raised in the pleadings or urged during
arguments.
6. I find merit in the contention put forth by
the learned Public Prosecutor. The contours of the
jurisdiction under Section 482 Cr.P.C and the
circumspection to be exercised when called upon to
quash criminal proceedings at a premature stage,
is well settled. The High Court, while exercising
Crl.M.C.No. 4136 of 2020
jurisdiction under Section 482 Cr.P.C, is also not
expected to conduct an enquiry as to the
genuineness or otherwise of the allegations in the
FIR. Being so, the authenticity and genuineness of
Annexure 3 agreement or the 161 statements of
witnesses and the scene mahazar in the Crime No.84
of 2020 cannot be considered in these proceedings.
Those contentions can be urged before the trial
court at the appropriate stage.
In the result the Crl.M.C is dismissed.
Sd/-
V.G.ARUN
JUDGE
Scl/
Crl.M.C.No. 4136 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO.
111/2020 REGISTERED BY THE 2ND
RESPONDENT.
ANNEXURE 2 CERTIFIED COPY OF THE STATEMETN DATED
14.02.2020 GIVEN BY THE DEFACTO
COMPLAINANT IN CRIME NO. 111/2020
ANNEXURE 3 TRUE COPY OF THE AGREEMENT MADE BETWEEN
THE PETITIONER AND 3RD RESPONDENT
SHOWING AMOUNT OF TRANSACTION.
ANNEXURE 4 TRUE COPY OF FIR NO. 84/2020 OF FEROKE
POLICE STATION.
ANNEXURE 5 TRUE COPY OF THE COMPLAINANT DATED
05.02.2020 PREFERRED BEFORE THE CITY
POLICE COMMISSIONER.
ANNEXURE 6 TRUE COPY OF THE JUDGMENT DATED
11.03.2020 IN W.P.C 5980/2020
ANNEXURE 7 CERTIFIED COPY OF THE FINAL REPORT NO.
431/2020 DATED 03.07.2020 IN FIR NO.
111/2020 OF FEROKE POLICE STATION.
ANNEXURE 8 TRUE COPY OF STATEMENT GIVEN BY THE
DEFACTO COMPLAINANT ON 13.05.2020.
ANNEXURE 9 TRUE COPY OF THE CRIMENO. 682/2020
REGISTERED BY FEROKE POLICE.
ANNEXURE10 TRUE COPY OF THE CRIME NO. 621/2020
REGISTERED BY PANTHEERANKAVU POLICE.
ANNEXURE 11 TRUE COPY OF THE SCENE MAHAZAR IN CRIME
NO.111/2020.
ANNEXURE 12 TRUE COPY OF THE ADVANCE SEARCH
MEMORANDUM MADE BY THE 2ND RESPONDENT
TO SUBMITE BEFORE THE COURT.
ANNEXURE 13 TRUE COPY OF THE SUMMONS ISSUED BY THE
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE
Crl.M.C.No. 4136 of 2020
V, KOZHIKODE.
ANNEXURE 14 TRUE COPY OF THE ORDER DATED 08.04.2020
IN TEMPORARY CMC NO. 17/2020
ANNEXURE 15 TRUE COPY OF THE REMAND REPORT DATED
05.03.2020 SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE V, KOZHIKODE.
ANNEXURE16 TRUE COPY OF THE STATEMENT GIVEN BY
SMT.MAYADEVI, SENIOR CIVIL POLICE
OFFICER OF KONDOTTY POLICE STATION
ANNEXURE 17 TRUE COPY OF THE SCENE MAHASAR RECORDED
BY THE ASSISTANT SUB INSPECTOR OF
FEROKE POLICE STATION ON 07.03.2020 IN
CRIME NO.84/2020 OF FEROKE POLICE
STATION
ANNEXURE 18 TRUE COPY OF THE ORDER DATED 08/04/2020
IN TEMPORARY CMC NO.17/2020 OF COURT OF
SESSIONS, KOZHIKODE DIVISION
ANNEXURE 19 TRUE COPY OF THE INTERIM ORDER DATED
12.03.2020 IN CRL.REV.PETITION 314/2020
DOWN LOADED FROM WEBSITE
ANNEXURE 20 TRUE COPY OF THE INTERIM ORDER DATED
27.09.2017 IN CRL.MA 4868/2015 IN
CRL.M.C. 3004/2015
ANNEXURE 21 TRUE COPY OF THE ORDER DATED
14.102.2020 IN CRL.MC 1661/2015
ANNEXURE 22 TRUE COPY OF THE SUBMISSION DATED
29.09.2020 MADE BY THE ASSISTANT
COMMISSIONER OF POLICE (SOUTH),
KOZHIKODE CITY BEFORE JUDICIAL FIRST
CLASS MAGISTRATE III, KOZHIKODE.
