Mohandas vs Venu
2021 Latest Caselaw 9862 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                    Crl.MC.No.3724 OF 2018(E)

 AGAINST THE ORDER/JUDGMENT IN CC 632/2017 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS -I, MAVELIKKARA

    CRIME NO.781/2017 OF Mavelikkara Police Station, Alappuzha


PETITIONERS/ACCUSED 1 AND 2:

      1      MOHANDAS
             AGED 41 YEARS, S/O. MANIKANDADAS,
              KUNNUMMA VILLAGE, KALARIKKAL HOUSE, KAVALAM,
             ALAPPUZHA DISTRICT, KERALA.
             PRESENTLY RESIDING AT 3719,
             CRABTREE CRESENT
             MISSISSAUGA, ON, CANADA.

      2      ASHADAS
             AGED 35 YEARS, W/O. MOHANDAS,
             KUNNUMMA VILLAGE, KALARIKKAL HOUSE, KAVALAM,
             ALAPPUZHA DISTRICT, KERALA.
             PRESENTLY RESIDING AT 3719,
             CRABTREE CRESENT
             MISSISSAUGA, ON, CANADA.

             BY ADV. SRI.M.R.SASITH

RESPONDENTS/COMPLAINANT & STATE:

      1      VENU
             AGED 44, S/O. SANKARANKUTTY, KOOKIYIL HOUSE,
             KAITHATHUKUMMURIYIL, CHETTIKULANGARA, KANNAMANGALAM
             VILLAGE - 690 106.

      2      STATE OF KERALA
             REP.BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682 031.

             R1 BY ADV. P.B. SAHASRANAMAN
             R1 BY ADV. T.S. HARIKUMAR
             R2 BY ADV.SRI.RAMESH CHAND, PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.3724 OF 2018(E)

                                     2

                                ORDER

On the allegation of receipt of

Rs.3,00,000/- under an offer to provide visa to

the defacto complainant to Canada and failure to

comply with the same taken as a ground to

register a FIR for the offence under Section 420

r/w Section 34 IPC and final report also

submitted, against which, the accused came up to

quash the same on the ground that it is a false

case. It requires consideration by evidence.

As such, it is not permissible to exhaust the

remedy under Section 482 Cr.P.C.

Crl.M.C. is dismissed without prejudice to

the right of the parties to exhaust all remedies

at the various stages, including a discharge

application, if so advised.

Sd/-

P.SOMARAJAN JUDGE SPV Crl.MC.No.3724 OF 2018(E)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A THE CERTIFIED COPY OF THE FIR IN CRIME NO. 781/2017 SUBMITTED TO JFCM, MAVELIKKARA.

ANNEXURE B THE CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 781/2017 SUBMITTED TO JFCM, MAVELIKKARA.

ANNEXURE C THE TRUE COPY OF THE RELEVANT PAGES OF PASSPORT OF 1ST PETITIONER.

ANNEXURE D THE TRUE COPY OF RELEVANT PAGES OF THE PASSPORT OF 2ND PETITIONER.

ANNEXURE E THE TRUE COPY OF THE PETITION SUBMITTED BY THE 1ST PETITIONER TO THE POLICE OFFICER, WESTWOOD MALL, MALTON, DATED 09.10.2016.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE