Kerala High Court

Mymoona vs State Of Kerala on 15 November, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

Crl.M.C.Nos.9571 of 2024,   9601 of 2024 & 9606 of 2024
                                     1



                                                  2024:KER:85892
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

  FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                        CRL.MC NO. 9571 OF 2024

    CRIME NO.149/2016 OF Melattur Police Station, Malappuram

         CC NO.130 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS

                            -II, PERINTHALMANNA

PETITIONERS/ ACCUSED NOS.1 & 2 :

     1      ABDU RAHIMAN T.K.
            AGED 65 YEARS
            S/O MUHAMMED HAJI,
            THODUKUZHI KUNNUMAL (H), EDAYATTUR,
            MELATTUR, MALAPPURAM, PIN - 679326

     2      JAFAR V.K.
            AGED 53 YEARS
            S/O KUNHI MUHAMMED HAJI,
            VENGOR KALATHIL (H), VENGOOR P.O.,
            PATTIKKAD VIA, CHEMMANIYODU,
            MALAPPURAM, PIN - 679325


            BY ADVS.
            K.SHIBILI NAHA
            A.LOWSY
            GAYATHRI RAJAGOPAL
            PRABHU B.M.




RESPONDENT/ STATE & DEFACTO COMPLAINANT :

     1      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM,
            PIN - 682031
 Crl.M.C.Nos.9571 of 2024,   9601 of 2024 & 9606 of 2024
                                     2



                                                          2024:KER:85892
     2      STATION HOUSE OFFICER
            MELATTUR POLICE STATION - 679326
            THROUGH PUBLIC PROSECUTOR
            HIGH COURT OF KERALA, PIN - 682031

     3      JAYANATH K
            SENIOR MANAGER, THE FEDERAL BANK LTD.,
            MELATTUR BRANCH, MALAPPURAM,
            PIN - 679 326


            SRI. NOUSHAD K. A., PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.Nos.9571 of 2024,   9601 of 2024 & 9606 of 2024
                                     3



                                                  2024:KER:85892
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

  FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                        CRL.MC NO. 9601 OF 2024

    CRIME NO.400/2016 OF Melattur Police Station, Malappuram

         CC NO.173 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS

                            -II, PERINTHALMANNA

PETITIONER/ ACCUSED NO.1 :

            JAFAR V.K.
            AGED 53 YEARS
            S/O KUNHI MUHAMMED HAJI,
            VENGOR KALATHIL (H), VENGOOR P.O.,
            PATTIKKAD VIA, CHEMMANIYODU,
            MALAPPURAM, PIN - 679325


            BY ADVS.
            K.SHIBILI NAHA
            A.LOWSY
            GAYATHRI RAJAGOPAL
            PRABHU B.M.




RESPONDENT/ STATE & DEFACTO COMPLAINANT :

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

     2      STATION HOUSE OFFICER
            MELATTUR POLICE STATION - 679326
            THROUGH PUBLIC PROSECUTOR
            HIGH COURT OF KERALA, PIN - 682031

     3      JAYANATH K.
 Crl.M.C.Nos.9571 of 2024,   9601 of 2024 & 9606 of 2024
                                     4



                                                          2024:KER:85892
            SENIOR MANAGER. THE FEDERAL BANK LTD.,
            MELATTUR BRANCH, MALAPPURAM,
            PIN - 679326


            SRI. NOUSHAD K. A., PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.Nos.9571 of 2024,   9601 of 2024 & 9606 of 2024
                                     5



                                                   2024:KER:85892
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

  FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                        CRL.MC NO. 9606 OF 2024

    CRIME NO.401/2016 OF Melattur Police Station, Malappuram

         AGAINST THE ORDER/JUDGMENT DATED IN CC NO.180 OF 2019 OF

JUDICIAL MAGISTRATE OF FIRST CLASS -II,PERINTHALMANNA

PETITIONERS/ ACCUSED NOS.1, 2 & 3:

     1       MYMOONA
             AGED 57 YEARS
             W/O ABDU RAHIMAN T.K., THODUKUZHI KUNNUMAL (H),
             EDAYATTUR, MELATTUR, MALAPPURAM, PIN - 679326

     2       JAFAR V.K.
             AGED 53 YEARS
             S/O KUNHI MUHAMMED HAJI, VENGOR KALATHIL (H),
             VENGOOR P.O., PATTIKKAD VIA, CHEMMANIYODU,
             MALAPPURAM, PIN - 679325

     3       ABDU RAHIMAN T.K.
             AGED 65 YEARS
             S/O MUHAMMED HAJI, THODUKUZHI KUNNUMAL (H),
             EDAYATTUR, MELATTUR, MALAPPURAM, PIN - 679326


             BY ADVS.
             K.SHIBILI NAHA
             A.LOWSY
             GAYATHRI RAJAGOPAL
             PRABHU B.M.




RESPONDENT/ STATE & DEFACTO COMPLAINANT :

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
 Crl.M.C.Nos.9571 of 2024,   9601 of 2024 & 9606 of 2024
                                     6



                                                          2024:KER:85892
            HIGH COURT OF KERALA, ERNAKULAM,
            PIN - 682031

     2      STATION HOUSE OFFICER
            MELATTUR POLICE STATION - 679326
            THROUGH PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031

     3      JAYANATH K.
            SENIOR MANAGER, THE FEDERAL BANK LTD.,
            MELATTUR BRANCH, MALAPPURAM,
            PIN - 679326


            SMT. SREEJA V., PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.Nos.9571 of 2024,   9601 of 2024 & 9606 of 2024
                                      7



                                                           2024:KER:85892
                     BECHU KURIAN THOMAS, J.
               =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
               Crl.M.C.Nos.9571 of 2024, 9601 of 2024
                            & 9606 of 2024
              =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
               Dated this the 15th day of November, 2024


                                    ORDER

Petitioners are the accused in C.C.No.130 of 2019, C.C.No.173

of 2019 and C.C.No.180 of 2019, all on the files of the Judicial First Class

Magistrate's Court-II, Perinthalmanna. They seek to quash the aforesaid

proceedings through these petitions under Section 528 of the Bharatiya

Nagarik Suraksha Sanhita, 2023. The allegations against the petitioners

in all these cases are almost similar in nature and the offences involved

are under Sections 420, 465, 468 and 471 r/w Section 34 of the Indian

Penal Code, 1860. The issue relates to the availing of three different

loans on the basis of properties mortgaged by the petitioners wherein it

was revealed that forged documents were submitted to obtain those

loans.

2. The petitioners do contend that the alleged forged

documents had no bearing on the properties mortgaged and that they

have no involvement in the case. It is also contended that the allegations

do not make out any of the offences alleged and therefore the

proceedings ought to be quashed.

3. I have heard the learned counsel for the petitioners as well

as the learned Public Prosecutor.

Crl.M.C.Nos.9571 of 2024, 9601 of 2024 & 9606 of 2024

2024:KER:85892

4. On a consideration of the contentions urged, it cannot be

held at this stage that the uncontroverted allegations do not make out the

offences alleged. However, since the petitioners contend that the

materials collected by the prosecution do not reveal the involvement of

the petitioners in the crime, I am of the view that the remedy is to apply

for discharge, if entitled under law.

5. Accordingly, reserving the liberty of the petitioners to apply

for discharge, if entitled under law, these criminal miscellaneous cases

are disposed of.

It is clarified that if in case any application for discharge is filed

within two weeks from today, the learned Magistrate shall consider the

same in accordance with law, at any rate, within a period of three months

from the date of receipt of such application.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM Crl.M.C.Nos.9571 of 2024, 9601 of 2024 & 9606 of 2024

2024:KER:85892

PETITIONER'S ANNEXURES :

ANNEXURE A A CERTIFIED COPY OF THE FIR IN CRIME NO.0149/2016 OF MELATTUR POLICE STATION DATED 12.04.2016 ALONG WITH THE WRITTEN COMPLAINT SUBMITTED BY THE 3RD RESPONDENT.

ANNEXURE B A CERTIFIED COPY OF THE FINAL REPORT/ CHARGE SHEET ALONG WITH THE 161 STATEMENTS OF THE WITNESSES AS ALSO THE DOCUMENTS BEFORE THE HON'BLE JFCM-II, PERINTHALMANNA DATED 03.11.2017

ANNEXURE C A TRUE COPY OF THE LOAN CLOSURE CERTIFICATE ISSUED BY THE MANAGER AND BRANCH HEAD, FEDERAL BANK LTD., MELATTUR BRANCH, DATED 30.06.2022

ANNEXURE D A CERTIFIED COPY OF THE ORDER IN OA.NO.50/2017 DATED 08.08.2022 PASSED BY THE DEBTS RECOVERY TRIBUNAL - I, ERNAKULAM

ANNEXURE E A CERTIFIED COPY OF THE RELEVANT EXCERPT OF THE CONFESSION STATEMENT OF THE 3RD ACCUSED DATED 28.06.2017 WHICH FORMS PART OF ANNEXURE B Crl.M.C.Nos.9571 of 2024, 9601 of 2024 & 9606 of 2024

2024:KER:85892

PETITIONER'S ANNEXURES :

ANNEXURE A A CERTIFIED COPY OF THE FIR IN CRIME NO.400/2016 OF MELATTUR POLICE STATION DATED 08.11.2016 ALONG WITH THE WRITTEN COMPLAINT SUBMITTED BY THE 3RD RESPONDENT.

ANNEXURE B A CERTIFIED COPY OF THE FINAL REPORT/ CHARGE SHEET ALONG WITH THE 161 STATEMENTS OF THE WITNESSES AS ALSO THE DOCUMENTS BEFORE THE HON'BLE JFCM-II, PERINTHALMANNA DATED 20.11.2018

ANNEXURE C A TRUE COPY OF THE LOAN CLOSURE CERTIFICATE ISSUED BY THE MANAGER AND BRANCH HEAD, FEDERAL BANK LTD., MELATTUR BRANCH, DATED 30.06.2022

ANNEXURE D A TRUE COPY OF THE ORDER IN OA NO. 50/2017 DATED 08.08.2022 PASSED BY THE DEBTS RECOVERY TRIBUNAL - I, ERNAKULAM

ANNEXURE E A CERTIFIED COPY OF THE RELEVANT EXCERPT OF THE CONFESSION STATEMENT OF THE 2ND ACCUSED DATED 28.06.2017 WHICH FORMS PART OF ANNEXURE B Crl.M.C.Nos.9571 of 2024, 9601 of 2024 & 9606 of 2024

2024:KER:85892

PETITIONERS' ANNEXURES :

ANNEXURE A A CERTIFIED COPY OF THE FIR IN CRIME NO.401/2016 OF MELATTUR POLICE STATION DATED 08.11.2016 ALONG WITH THE WRITTEN COMPLAINT SUBMITTED BY THE 3RD RESPONDENT.

ANNEXURE B A CERTIFIED COPY OF THE FINAL REPORT/ CHARGE SHEET ALONG WITH THE 161 STATEMENTS OF THE WITNESSES AS ALSO THE DOCUMENTS BEFORE THE HON'BLE JFCM-II, PERINTHALMANNA DATED 27.02.2019

ANNEXURE C A TRUE COPY OF THE LOAN CLOSURE CERTIFICATE ISSUED BY THE MANAGER AND BRANCH HEAD, FEDERAL BANK LTD., MELATTUR BRANCH, DATED 30.06.2022

ANNEXURE D A TRUE COPY OF THE ORDER IN OA NO. 50/2017 DATED 08.08.2022 PASSED BY THE DEBTS RECOVERY TRIBUNAL - I, ERNAKULAM

ANNEXURE E A CERTIFIED COPY OF THE RELEVANT EXCERPT OF THE CONFESSION STATEMENT OF THE 3RD ACCUSED DATED 28.06.2017 WHICH FORMS PART OF ANNEXURE B