Kerala High Court
Anoop Premkumar vs State Of Kerala on 7 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 4998 OF 2019 1
2024:KER:83441
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA,
1946
CRL.MC NO. 4998 OF 2019
CRIME NO.612/2019 OF Kodungallur Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.495 OF
2019 OF MUNSIFF COURT, KODUNGALLUR
PETITIONER/S:
ANOOP PREMKUMAR
AGED 40 YEARS
S/O.PREMKUMAR, KONNATTUMKUNNU, THEKKUMKARA
VILLAGE, MUKUNDAPURAM TALUK, KODUNGALLUR,
THRISSUR DISTRICT-680589.
BY ADVS.
P.DEEPAK
SRI.P.K.SAJEEV
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM-682031.
2 JAYA,
AGED 50 YEARS, W/O.PARAMAN, NADUVEETTIYIL HOUSE,
PARAPULLI BAZAR DESOM, LOKAMALESHWARAM VILLAGE,
CRL.MC NO. 4998 OF 2019 2
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KODUNGALLUR TALUK, THRISSUR DISTRICT-680664.
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.11.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 4998 OF 2019 3
2024:KER:83441
P.V.KUNHIKRISHNAN, J
--------------------------------------
Crl.M.C. No. 4998 of 2019
--------------------------------------
Dated this the 7th day of November, 2024
ORDER
This Criminal Miscellaneous case is filed with
following prayers :
"...Quash Annexure A9 FIR No. 612 of 2019 dated
06.07.2019 before the Kodungallur Police Station by
allowing the above Criminal Miscellaneous case."
[sic]
2. When this Criminal Miscellaneous case
came up for consideration on 17.07.2019, this Court
passed the following order :
"Admit Crl.M.C.
Notice for R-1 State of Kerala has taken by the
learned Public Prosecutor. Issue notice to R-2 by
Special Messenger, returnable within five days.
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in
It is urged by Sri.P.Deepak, learned counsel
appearing for the petitioner (accused) that
indisputably the petitioner has licence, as per
Annexure-1 under the Kerala Money Lenders Act
and therefore, the offences in Secs.3 and 17 of the
said Act for alleged breach of conditions to possess
money lenders licence, etc. are not attracted in the
instant case. Further that the petitioner is not in any
manner involved in the pawn brokerage and
therefore, the offences under Sec.18A are also not
made out. Further that the petitioner has filed
Annexure-A4 O.S.No.495/2019 before the Munsiff's
Court, Kodungallur, in which the 2nd respondent
herein is the defendant therein realising the loan
amount availed by the said respondent from the
petitioner financial institution and that the nature of
R-2 herein was attached before the judgment in
Annexure-A4 suit and the said party has also filed
counter in the said Annexure-A5 I.A, wherein she
has admitted to borrowing of the amount as well as
to handing over the RC of the vehicle voluntarily to
the petitioner and that subsequently she furnished
security and the vehicle was released, but without
lifting the attachment and that there is no whisper
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of allegations with the proceedings before the
Munsiffs Court regarding repayment of the amount
or of any deceit by the petitioner at the time when
R-2 herein has availed the loan and that therefore,
the institution and continuation of the impugned
criminal proceedings is an abuse to the process of
this Court.
2. Having regard to the facts and
circumstances of this case and in the interest of
justice, it is ordered that further proceedings in the
impugned Annexure-A9 Crime No.612/2019,
Kodungallur Police Station will remain stayed. This
order will be in force for a period of six weeks.
List on 16/08/2019."
3. Subsequently, the interim order is not
extended. Probably, the final report might have been filed.
If the final report is filed and if the petitioner is aggrieved
by the same, the petitioner is free to challenge the same,
in accordance with law.
With the above observation, this Criminal
Miscellaneous case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
2024:KER:83441
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE MONEY LENDING LICENCE
VALID TILL 31.3.2010.
ANNEXURE A2 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF KL-44-5855.
ANNEXURE A3 TRUE COPY OF THE AGREEMENT DATED
26.3.2019.
ANNEXURE A4 TRUE COPY OF THE PLAINT IN O.S.NO.495
OF 2019 ON THE FILES OF THE MUNSIFF
COURT, KODUNGALLUR.
ANNEXURE A5 TRUE COPY OF THE AFFIDAVIT AND PETITION
IN I.A.NO.981 OF 2019 IN O.S.NO.495 ON
THE FILES OF THE MUNSIFF COURT,
KODUNGALLUR.
ANNEXURE A6 TRUE COPY OF THE OBJECTION FILED BY 2ND
RESPONDENT TO I.A.NO.981 OF 2019 IN
O.S.NO.495 OF 2019 ON THE FILES OF THE
MUNSIFF COURT, KODUNGALLUR.
ANNEXURE A7 TRUE COPY OF THE AFFIDAVIT AND PETITION
IN I.A.NO.1119 OF 2019 IN I.A.NO.981 OF
2019 IN O.S.NO.495 OF 2019 ON THE FILES
OF THE MUNSIFF COURT, KODUNGALLUR.
ANNEXURE A8 TRUE COPY OF THE ORDER DATED 19.6.2019
IN I.A.NO.1119 OF 2019 IN I.A.NO.981 OF
2019 IN O.S.NO.495 OF 2019 ON THE FILES
OF THE MUNSIFF COURT, KODUNGALLUR.
ANNEXURE A9 TRUE COPY OF THE FIR IN CRIME NO.0612
IF 2019 OF KODUNGALLUR POLICE STATION.
