Kerala High Court
Chirag vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73784
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 3932 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.890 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA
PETITIONER/1st ACCUSED:
CHIRAG
AGED 50 YEARS
S/O JAYAPRAKASH,POOJAPPARAMBIL HOUSE,
AVALOOKUNNU P O,ALAPPUZHA,
KERALA.688006, PIN - 688006
BY ADV
K.C.SUDHEER
RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 KIRAN
AGED 36 YEARS
S/O PEETHAMBARAN,KALLAPURACKAL,
POTHISSERRY DESAM,POTHISSERRY VILLAGEIRINGALAKUDA,
THRISSUR DISTRICT.680125, PIN - 680125
BY ADV
N.AJITH
SRI. C.N. PRABHAKARAN (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3932 OF 2023 2
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BECHU KURIAN THOMAS, J.
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Crl.M.C No.3932 of 2023
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Dated this 3rd day of October, 2024
ORDER
Petitioner challenges the criminal proceedings
pending against him.
2. Petitioner is the accused in C.C. No.890/2018 on
the files of the Judicial First Class Magistrate Court,
Iringalakkuda arising out of Crime No.1973/2016 of
Iringalakkuda Police Station. According to the prosecution,
the accused had collected an amount of Rs.1.5 Crores on
different occasions from the defacto complainant promising
to enroll him in different schemes as investment with
insurance companies and thereafter used only an amount of
Rs.13,00,000/- for investment and thereby committed the
offences under Sections 406 and 420 of IPC.
3. The learned counsel for the petitioner primarily
contended that, the prosecution allegations do not make out
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any of the offences alleged and that he is being wrongly
prosecuted. It was also submitted that, even the prosecution
could recover only Rs.13,00,000/- worth of receipts and that
entire Rs.13,00,000/- was invested by the petitioner on behalf
of the defacto complainant and hence the offences alleged
cannot be attributed against him.
4. Learned counsel for the 2nd respondent, on the
other hand, submitted that, the entire amount of
Rs.1.5 Crores transferred to the petitioner are supported by
bank transactions and that merely because receipts were
issued only for Rs.13,00,000/- does not mean that the
petitioner had not received a larger sum. It was further
submitted that, the nature of contentions urged clearly
indicate that the offences alleged are made out from the final
report and therefore the power under Section 482 ought not
to be exercised.
5. Sri.C.N.Prabhakaran, the learned Public
Prosecutor also submitted that this is not a fit case for
interference under Section 482 Cr.P.C.
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6. During the course of arguments, it was revealed
that the case is already scheduled for trial to 15.10.2024. The
uncontroverted allegations in the FIR prima facie make out
the offences alleged. However, the question whether
prosecution will be able to prove the offences alleged is a
matter which cannot be considered at this stage that too in
this jurisdiction as those are all matters to be considered
during trial. Hence, I do not find that, this is a fit case to
interfere in exercise of the inherent jurisdiction of this Court
under Section 482 Cr.P.C.
Accordingly, this Crl.M.C is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
MSA
2024:KER:73784
PETITIONER ANNEXURES
Annexure -A1 FIR NO. 1973/2016 DATED 02/10/2016 OF
IRINGALAKKUDA POLICE STATION
Annexure -A2 CHARGE/FINAL REPORT IN CRIME NO.
1973/2016 DATED 30/01/2017 OF
IRINGALAKKUDA POLICE STATION
Annexure A3 CERTIFIED COPY OF STATEMENT OF
WITNESSES IN CRIME NO.1973/2016 OF
IRINJALAKKUAD POLICE STATION
