Kerala High Court
Davis Antony vs State Of Kerala on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 4TH DAY OF APRIL 2024/15TH CHAITHRA, 1946
CRL.MC NO. 7288 OF 2018
CRIME NO.508/2014 OF CHALAKKUDY POLICE STATION, THRISSUR
CC NO.374 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
CHALAKUDY
PETITIONERS:
1 DAVIS ANTONY
AGED 54 YEARS
S/O.ANTONY, RESIDING AT PULLENVEETTIL,
CHALAKKUDY PO, THRISSUR- 680307.
2 PAUL K.K.,
AGED 61 YEARS
S/O.KOCHUVAREED, RESIDING AT KARIPPAYI KUTIKKADU,
MUKUNDAPURAM P.O., PARIYARAM.
3 BABU ANTONY,
AGED 40 YEARS
RESIDING AT PATHADAN HOUSE,
CHALAKKUDY P.O.,
THRISSUR, PIN- 680 307.
BY ADVS.
K.B.PRADEEP
SMT.N.G.SINDHU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
CHALAKKUDI POLICE STATION
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
2 ROSY,
W/O.LONAPPAN @ YOHANNAN, PALATTIL HOUSE,
KUKUNDAPURAM P.O., MELOOR, PALAMURI.
BY ADV SRI.P.K.VARGHESE
SRI.RENJITH GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7288 OF 2018
2
ORDER
Dated this the 4th day of April, 2024
This criminal miscellaneous case has been filed under
Section 482 of the Code of Criminal Procedure to quash
Annexure-A2 FIR and Annexure-A3 Final Report in C.C.
No.374/2018 pending before the Judicial First Class Magistrate
Court, Chalakkudy. The petitioners herein are accused Nos.1, 3
and 4 in the above case.
2. Heard the learned counsel for the petitioner, the
learned counsel for the de facto complainant and the learned
Public Prosecutor in detail. Perused the relevant documents.
3. On hearing the matter, it is brought to the notice of
this Court that the property owned by the de facto complainant
and her husband was sold in favour of the petitioners as on
03.12.1997 and on perusal of Annexure A5, copy of the
document would got to show that the same is a pucca sale deed
executed after receiving sale consideration. Later, at a much
belated stage, exactly 16 years later, as on 14.02.2014, the de
CRL.MC NO. 7288 OF 2018
facto complainant filed a private complaint before the Judicial
First Class Magistrate Court, Chalakudy, contending that the
said document is not a sale deed and the said document was
obtained by cheating and the document itself is a falsely
created document.
4. FIR was registered and as per Annexure-A2, the
Police referred the matter. Thereafter, a protest complaint
was filed and cognizance taken. Thereafter, the property was
sold by the petitioners to third parties and he filed a civil case
and obtained an injunction against the de facto complainant
and her husband.
5. Thus it appears that after executing a pucca sale
deed with all necessary essentials, in the year 1997, after a
long gap, a complaint was raised without any bonafides and
that led to cognizance of this matter by the Magistrate, acting
on the protest complaint and the materials recorded. Prima
facie, it appears that cognizance is not supported by
sufficient materials. Therefore, the same is liable to be set
CRL.MC NO. 7288 OF 2018
aside.
In the result, this petition stands allowed. Annexure-A2
FIR and Annexure-A3 Final Report in C.C. No.374/2018 pending
before the Judicial First Class Magistrate Court, Chalakkudy,
arose out of crime No.508/2014 of Chalakkudy Police Station,
stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
CRL.MC NO. 7288 OF 2018
PETITIONER ANNEXURES
ANNEXURE 1: THE CERTIFIED COPY OF THE PRIVATE
COMPLAINT DATED 01/03/2014 IN C.C
NO.508/2014 ON THE FILES OF THE
JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHALAKKUDI.
ANNEXURE 2: THE CERTIFIED COPY OF FIR DATED
01/03/2014 IN CRIME NO.508 OF 2014 ON
THE FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE'S COURT, CHALAKKUDI.
ANNEXURE 3: THE CERTIFIED COPY OF FINAL REPORT
DATED 09/02/18 IN C.C.NO.374/2018 ON
THE FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATES COURT, CHALAKKUDI.
ANNEXURE 4:- TRUE COPY OF THE COMPLAINT FILED BY
SRI.SARVANATH BEFORE THE CIRCLE
INSPECTOR OF CHALAKKUDI
ANNEXURE 5 TRUE COPY OF THE SALE DEED EXECUTED
BY THE DE-FACTO COMPLAINANT DOCUMENT
NO.20/97 SRO, CHALAKUDY, DATED
30.12.1996
ANNEXURE 6 TRUE COPY OF THE JUDGMENT IN O.S NO.
104/2011 DATED 15.07.2015
ANNEXURE 7 TRUE COPY OF THE JUDGMENT IN O.S NO.
393/2011 DATED 12.09.2013
ANNEXURE 8 TRUE COPY OF THE JUDGMENT IN O.S NO.
139/2011 DATED 04.07.2016
