Kerala High Court
Shameena vs The State Of Kerala on 31 May, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
CRL.MC NO. 6499 OF 2023
CRIME NO.0384/2018 OF THIRUVANANTHAPURAM RURAL POLICE
STATION,
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1043 OF 2018
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL
PETITIONER/ACCUSED :
SHAMEENA, AGED 43 YEARS
D/O NAJIMA BEEVI,
RESIDING AT BISMI, FLAT NO. 6-C,
CORDIAL CASILDA, KOCHULLOOR,
MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, PIN - 695 011.
BY ADV A.JANI(KOLLAM)
RESPONDENT/STATE-DEFACTO COMPLAINANT :
1 THE STATE OF KERALA
KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, COCHIN, PIN - 682 031.
2 SYAM KUMAR, AGED 37 YEARS,
S/O SASIDHARAN, RESIDING AT KARTHIKA BHAVAN,
SANTHI NAGAR, SASTHAVATTOM,
VEILOOR, THIRUVANANTHAPURAM RURAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 305.
SREEJA V.(PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 31.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC 6499/2023
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.6499 of 2023
...................................................
Dated this the 31st day of May, 2024
ORDER
Petitioner is the sole accused in C.C.No.1043/2018 on the files of the
Judicial First Class Magistrate Court-I, Attingal, arising out of Crime
No.384/2018 of Thiruvananthapuram Rural Police Station, for the
offences punishable under Section 420 of the Indian Penal Code,
1860.
2. According to the prosecution, the second respondent had booked a
ticket for travel on 12.02.2018 from Mangalore to Attingal in a bus
known as SRS bus, and when he tried to board the bus, he was
informed that he had no reservation, and the accused falsely
informed him that the bus was cancelled and thereby committed the
offences alleged.
3. I have heard Adv.Jani A., the learned counsel for the petitioner as
well as Smt.Sreeja V., the learned Public Prosecutor. Despite service
of notice on the second respondent, there is no appearance.
4. The prosecution alleges that, the accused cheated the de facto
complainant by falsely stating that the bus operated by SRS from
Mangalore to Attingal was cancelled. However, a perusal of the
statement of witnesses indicates that petitioner's staff had stated that
the SRS bus was cancelled on that day. There is neither any
statement by any of the witnesses nor any material to indicate that
on 13.02.2018, SRS bus had operated from Mangalore to Attingal.
In the absence of any material to indicate that the bus had operated
between the said destinations on the said date, it cannot be inferred
that the petitioner had committed the offence of cheating. The
ingredients of the offence of cheating is absent even if the
allegations in the final report are uncontroverted.
5. On a perusal of the final report and the statements of witnesses, it is
evident that, the second respondent attempted to convert a possible
claim for civil liability into a criminal case. The dispute being at
the most civil in nature, no criminal proceedings will lie. Therefore,
the proceeding against the petitioner in C.C.No.1043/2018 on the
files of the Judicial First Class Magistrate Court-I, Attingal, arising
out of Crime No.384/2018 of Thiruvananthapuram Rural Police
Station, is an abuse of the process of the court.
6. Accordingly, all proceedings against the petitioner in
C.C.No.1043/2018 on the files of the Judicial First Class Magistrate
Court-I, Attingal, arising out of Crime No.384/2018 of
Thiruvananthapuram Rural Police Station, are hereby quashed.
The Crl.M.C.is allowed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/01/06/2024
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO
0384/2018 OF THIRUVANANTHAPURAM RURAL
POLICE STATION DATED 18/02/2018.
ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO
0384/2018 OF THIRUVANANTHAPURAM RURAL
POLICE STATION DATED 18/06/2018.
ANNEXURE A3 CERTIFIED COPY OF THE REPORT DATED NIL
PRODUCED IN IN CRIME NO 0384/2018.
TRUE COPY
