Aaron Kumar Sharma vs State Of Kerala
2023 Latest Caselaw 5319 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                    CRL.MC NO. 3426 OF 2023
AGAINST THE ORDER/JUDGMENT CC 1261/2017 OF JUDICIAL MAGISTRATE
                OF FIRST CLASS ,VADAKKANCHERRY
PETITIONER/ACCUSED NOS.3,4 AND 6

    1     AARON KUMAR SHARMA
          AGED 43 YEARS
          S/O VINODKUMAR SHARMA, H.NO.B1/27, F3-1ST FLOOR,
          SAHIBABAD P O, BLF, DILSHAD EXTN-2, GAZIYABAD,
          UTTARPRADESH, PIN - 201005
    2     JASPAL RANA
          AGED 37 YEARS
          S/O DHIRAN SINGH RANA, BHRAMPURI, NIRANJANPUR,
           MAJRA P O, DERADOON, UTTARAKHAND, NOW RESIDING AT
          1B, 082 GC GRAND, INDIRAPURAM, GAZIYABAD, UTTAR
          PRADESH, PIN - 248121
    3     VIJAYAKUMAR
          AGED 40 YEARS
          S/O LATE SREECHAND, H.NO. B 108, G D COLONY, GAZIPUR,
          BHANA P O, MAYUR VIHAR PHASE III, DELHI, PIN - 110039

          BY ADV P.A.MUJEEB

RESPONDENT/COMPLAINANT

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


          BY PUBLIC PROSECUTOR SMT. REKHA S

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3426 of 2023
                                   2



                               ORDER

Dated this the 25th day of April, 2023

The petitioners are the accused Nos.3,4 and 6 in

C.C.No.1261 of 2017 pending before the Judicial First Class

Magistrate Court, Wadakkancherry. The offences alleged

against the petitioners are under Sections 406, 420 read with

Section 34 of the Indian Penal Code.

2. The prosecution case is that the petitioners had

promised the defacto complainant to arrange a job in a

reputed IT company and collected an amount of Rs.50,000/-.

Later, they did not provide the employment and the amount

was also not refunded. A crime was registered in such

circumstances.

3. Later the petitioners were arrested and released on

bail. Thereafter, the investigation was completed and final

report was submitted before the Jurisdictional Magistrate, and

cognizance was taken. However, the petitioners could not

appear before the learned Magistrate and consequently, Non

Bailable Warrants happened to be issued against the Crl.M.C.No.3426 of 2023

petitioners.

4. Now, the petitioners express their willingness to

surrender before the learned Magistrate. Hence, this Crl.M.C.

is filed.

5. Heard Sri.P.A. Mujeeb, the learned counsel for the

petitioners and Smt.Rekha.S., the learned Public Prosecutor

appearing for the State.

6. After considering all the relevant aspects, I am of the

view that the Crl.M.C can be disposed of by granting an

opportunity to the petitioners to surrender before the learned

Magistrate and to participate in the trial.

In the result, the Crl.M.C is disposed of directing the

petitioners to surrender before the Judicial First Class

Magistrate, Wadakkanchery within a period of two weeks from

today and submit necessary applications in this regard. In the

event of surrender and submission of the applications, the

same shall be considered by the learned Magistrate and

appropriate orders be passed positively on the date of

surrender itself. To facilitate the petitioners to do so, the Non Crl.M.C.No.3426 of 2023

Bailable Warrants, if any, pending against the petitioners shall

be kept in abeyance for two weeks or till the date of surrender

whichever is earlier.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE smm Crl.M.C.No.3426 of 2023

APPENDIX OF CRL.M.C NO.3426 OF 2023

PETITIONER ANNEXURES

Annexure A1 COPY OF THE E-COURT PROCEEDINGS IN C.C.

NO.1261 OF 2017 DATED 19.12.2022