Libsy Ann Merin vs State Of Kerala-(S.I Of Police
2021 Latest Caselaw 7220 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       Crl.MC.No.2952 OF 2018(H)

AGAINST THE ORDER/JUDGMENT IN CC 2114/2017 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -II,THRISSUR


PETITIONERS/ACCUSED:

      1      LIBSY ANN MERIN D/O. BABY, AGED 36 YEARS,
             PARATHALAKKAL HOUSE,MUTHALAKODAM P.O,
             THODUPUZHA, PIN: 685 605.

      2      AKHIL, S/O. BABY, AGED 31 YEARS, PARATHALAKKAL
             HOUSE,MUTHALAKODAM P.O, THODUPUZHA, PIN: 685 605.

      3      LISSY, W/O. BABY, AGED 62 YEARS, PARATHALAKKAL
             HOUSE,MUTHALAKODAM P.O, THODUPUZHA, PIN: 685 605.

      4      BABY, S/O. P.M JOSEPH, AGED 66 YEARS, PARATHALAKKAL
             HOUSE,MUTHALAKODAM P.O, THODUPUZHA, PIN: 685 605.

             BY ADVS.
             SRI.SOJAN MICHEAL
             SMT.JENCY MICHEAL

RESPONDENT/STATE & COMPLAINANT:

      1      STATE OF KERALA-(S.I OF POLICE, OONNUKAL POLICE
             STATION),REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

      2      GEO PAUL, S/O. PAUL, AGED 41 YEARS,KUNDUKULANGARA
             HOUSE,PUTHENPEEDIKA P.O, ANTHIKKAD VILLAGE,
             THRISSUR DISTRICT, PIN: 680 642.

             R1-2 BY ADV. SRI.P.K.SAJEEV

             PUBLIC PROSECUTOR SRI.RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2952 OF 2018(H)           2




                                  ORDER

The accused No.1, who is the wife of the defacto

complainant, accused No.2, her brother, accused No.3

and 4 her parents, came up against the cognizance

taken on the allegation of offence under Sections

406, 420, 506 (1) r/w Section 34 IPC. It is

pertaining to the allegation that the accused No.1,

the wife, had taken away the funds and the documents

including the passport and ATM card from the custody

of the defacto complainant. Some property also

purchased in the name of wife by utilizing his funds.

The allegation levelled against accused Nos. 2 to 4

will not disclose any of the offences alleged.

Hence, the cognizance taken as against accused Nos.2

to 4 is hereby quashed by allowing the Crl.M.C. in

part.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE-1 TRUE COPY OF THE OP(DIV.) 365/2016 DATED 11-11-2016 ON THE FILE OF THE FAMILY COURT, THODUPUZHA.

ANNEXURE-II CERTIFIED COPY OF THE PRIVATE COMPLAINT DATED 21-03-2017 ON THE FILE OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT- II,THRISSUR

ANNEXURE II CERTIFICATE ISSUED BY DR. SATHISH DATED 05-

04-2018.

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

PA. TO JUDGE