T.L.Radhamma vs State Of Kerala
2023 Latest Caselaw 6423 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        CRL.MC NO. 3797 OF 2014
AGAINST THE ORDER/JUDGMENT IN CC 39/2014 OF JUDICIAL MAGISTRATE OF
                         FIRST CLASS ,CHAVAKKAD
PETITIONER/S:

    1     T.L.RADHAMMA
          AGED 63 YEARS
          D/O.LAKSHMI SREELAKSHMI,AVALOOLKKUNNU P.O,ALAPPUZHA
    2     SANTHOSH
          AGED 40 YEARS
          S/O.T.L RADHAMMA,SREELAKSHMI,AVALOOLKKUNNU
          P.O,ALAPPUZHA
    3     PRIYA SANTHOSH
          AGED 28 YEARS
          W/O.SANTHOSH,SREELAKSHMI,AVALOOKKUNNU P.O,ALAPPUZHA
          BY ADV SRI.B.PRAMOD


RESPONDENT/S:

    1     STATE OF KERALA
          REP BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM
    2     ABDUL KHADER
          S/O.MOHAMMEDUNNY,PULICKAL HOUSE,KADAPPURAM P.O,THRISSUR
          680003
OTHER PRESENT:

          PP M.C.ASHI


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3797 OF 2014
                             2

                   ORDER

Dated this the 13th day of June, 2023

The challenge in this Crl.M.C. is against the further

proceedings in C.C.No.39 of 2014 of the Judicial First Class

Magistrate Court, Chavakkad. The case originated from

Crime No.1921 of 2013, registered at the Chavakkad

Police Station against the petitioners for offences under

Section 406 and 420 IPC. The crime was registered

pursuant to a complaint filed before the Jurisdictional

Court by the second respondent and forwarded to the

police under Section 156(3) Cr.P.C After conclusion of

investigation, the police filed Annexure 1 final report and

cognizance was taken of the offences under Section 406

and 420.

2. The main contention is that the dispute is civil in

nature and the petitioners cannot be prosecuted for

criminal offences.

I refrain from considering the Crl.M.C on merits, I CRL.MC NO. 3797 OF 2014

find no reason to interfere at this stage, since the

petitioners can seek discharge before the jurisdictional

court.

The Crl.M.C. is hence dismissed, reserving the

petitioners liberty to seek discharge before the

jurisdictional court, if so advised.

Sd/-

V.G.ARUN JUDGE RK CRL.MC NO. 3797 OF 2014

APPENDIX OF CRL.MC 3797/2014

PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE CHAGE-SHEET IN CRIME NO 1291/2013 OF CHAVAKKAD POLICE STATION ANNEXURE II TRUE COPY OF THE COMPLAINT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT,CHAVAKKAD BY THE 2ND RESPONDENT ANNEXURE III TRUE COPY OF THE F.I.R CRIME NO 1921/2013 CHAVAKKAD POLICE STATION ANNEXURE IV TRUE COPY OF THE AGREEMENT DATED 23-11-

ANNEXURE V TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 2ND PETITIONER FROM THE DISTRICT SOCIAL WELFARE OFFICER,ALAPPUZHA ANNEXURE VI TRUE COPY OF THE LAWYER NOTICE DATED 22-

07-2013 ISSUED BY THE 1ST PETITIONER ANNEXURE VII TRUE COPY OF THE POSTAL RECEIPTS SHOWING DISPACH OF ANNEXURE VI NOTICE ANNEXURE VIII TRUE COPY OF THE PLAINT IN O.S NO 526/2013 BEFORE THE MUNSIFF'S COURT,ALAPPUZHA ANNEXURE IX TRUE COPY OF THE PLAINT IN O.S NO 550/2013 BEFORE THE MUNSIFF'S COPURT,ALAPPUZHA ANNEXURE X TRUE COPY OF THE PLAINT IN O.S NO 472/2013 BEFORE THE MUNSIFF'S COURT,ALAPPUZHA ANNEXURE XI TRUE COPY OF THE PLAINT IN O.S NO 528/2013 BEFORE THE MUNSIFF'S COURT,ALAPPUZHA ANNEXURE XII TRUE COPY OF THE PLAINT IN O.S NO 537/2013 BEFORE THE MUNSIFF'S COURT,.ALAPPZUHA ANNEXURE XIII TRUE COPY OF THE AGREEMENT DATED 23-01-

ANNEXURE XIV TRUE COPY OF THE RODER DATED 06-01-2014 IN CRL MC NO 174/2014 OF THIS HON'BLE COURT