Kerala High Court
Shibly-Nu-Aman vs State Of Kerala on 24 October, 2024
Author: P. V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 5835 OF 2013
AGAINST THE ORDER IN CC NO.282 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 4 & 5:
1 SHIBLY-NU-AMAN
S/O.SAINUDEEN, SAFA MAHAL, KAPPOOR P.O., PALAKKAD.
2 LIZA RAVIKUMAR, W/O.RAVIKUMAR, ERATHUNKUTHIL ILLAM,
VATTAKULAM P.O., MALAPURAM.
BY ADVS.
SRI.P.SANJAY
SMT.M.NEETHU
SMT.A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM REPRESENTED BY THE SI OF POLICE,
CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT.
2 PRAVITHA A.P. AGED 33 YEARS
W/O.MANOJ, NAVAMI NILAYAM, EDAPPAL P.O., MALAPPURAM.
BY ADV SRI.ABDUL RAOOF PALLIPATH
ADV. RENJITH T R, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.5832/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
2
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 5834 OF 2013
AGAINST THE ORDER IN CC NO.391 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 4 & 5:
1 SHIBLY-NU-AMAN
S/O.SAINUDEEN, SAFA MAHAL, KAPPOOR P.O., PALAKKAD.
2 LIZA RAVIKUMAR, W/O.RAVIKUMAR, ERATHUNKUTHIL ILLAM,
VATTAKULAM P.O., MALAPURAM.
BY ADVS.
SRI.P.SANJAY
SMT.A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
REPRESENTED BY THE SI OF POLICE, CHANGARAMKULAM
POLICE STATION, MALAPURAM DISTRICT.
2 SREENA G., 'SREEKRIPA', POKKANDATHU HOUSE, EDAPPAL
P.O., THUYYAM, MALAPPURAM DISTRICT - 679 314.
SRI SANGEETHARAJ N R , PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.5832/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
3
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 5833 OF 2013
AGAINST THE ORDER IN CC NO.277 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 4 & 5:
1 SHIBY-NU-AMAN
S/O.SAINUDEEN, SAFA MAHAL, KAPPOOR.P.O., PALAKKAD.
2 LIZA RAVIKUMAR, W/O.RAVIKUMAR, ERATHUNKUTHIL ILLAM,
VATTAKULAM.P.O., MALAPPURAM.
BY ADVS.
SRI.P.SANJAY
SRI.GLEN ANTONY
SMT.M.NEETHU
SMT.A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY THE
S.I OF POLICE, CHANGARAMKULAM POLICE STATION,
MALAPPURAM DISTRICT.
2 SREE RENJINI.K.S, AGED 38 YEARS
AARAYILPARAMBIL HOUSE, VATAMKULAM.P.O.,
MALAPPURAM DISTRICT.
BY ADV SRI.ABDUL RAOOF PALLIPATH
SRI RENJITH T R, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.5832/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
4
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 5832 OF 2013
AGAINST THE ORDER IN CC NO.394 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 4 & 5:
1 SHIBLY-NU-AMAN
S/O.SAINUDEEN,SAFA MAHAL,KAPPOOR P.O,PALAKKAD
2 LIZA RAVIKUMAR, W/O.RAVIKUMAR, ERATHUNKUTHIL
ILLAM,VATTAKULAM P.O,MALAPPURAM
BY ADVS.
SRI.P.SANJAY
SRI.GLEN ANTONY
SMT.M.NEETHU
SMT.A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
REPRESENTED BY THE S I OF POLICE, CHANGARAMKULAM
POLICE STATION, MALAPPURAM DISTRICT
2 BINDU K, AGED 34 YEARS, KATTUNGAL HOUSE,AYILAKKADU
P.O,EDAPPAL, MALAPPURAM DISTRICT
BY ADV SRI.ABDUL RAOOF PALLIPATH
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.425/2014, 426/2014 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
5
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 5825 OF 2013
AGAINST THE ORDER IN CC NO.290 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 4 & 5:
1 SHIBLY-NU-AMAN
S/O.SAINUDEEN, SAFA MAHAL, KAPPOOR P.O., PALAKKAD.
2 LIZA RAVIKUMAR, W/O.RAVIKUMAR, ERATHUNKUTHIL ILLAM,
VATTAKULAM P.O., MALAPPURAM.
BY ADVS.
SRI.P.SANJAY
SMT.M.NEETHU
SMT.A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
REPRESENTED BY THE SI OF POLICE, CHANGARAMKULAM
POLICE STATION, MALAPPURAM DISTRICT.
2 SHABNA K.T., W/O.ABDUL JALEEL,
KORATHU THADATHIL VEEDU, KOLAKKADU P.O.,
KUTTIPURAM, MALAPPURAM - 679 571.
SRI RENJITH T R, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.5832/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
6
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 425 OF 2014
CRIME NO.106/2012 OF Changaramkulam Police Station, Malappuram
AGAINST THE ORDER IN CC NO.321 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 2 & 3:
1 AISHATHUL NASHEEDA, D/O.LATE ABOOBACKER, VALIYIL
HOUSE, VATTAMKULAM PO MALAPPURAM.
2 SIBILUDHEEN, S/O.LATE ABOOBACKER, VALIYIL HOUSE,
VATTAMKULAM PO MALAPPURAM
BY ADVS.
SRI.P.SANJAY
SMT.A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTED BY THE SI OF POLICE CHANGARAMKULAM POLICE
STATION, MALAPPURAM DISTRICT PIN.682 031.
2 PREETHA K. W/O.VIJAYAN, AGED 41 YEARS
KIZHEEPPATT HOUSE, PALLIKKARA PO, NANNAM MUKKU
MALAPPURAM DISTRICT, PIN. 679 533
BY ADV SRI.ABDUL RAOOF PALLIPATH
SRI RENJITH T R, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.5832/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
7
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 426 OF 2014
CRIME NO.255/2012 OF Changaramkulam Police Station, Malappuram
AGAINST THE ORDER IN CC NO.446 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 2 & 3:
1 AISHATHUL NASHEEDA, D/O. LATE ABOOBACKER, VALIYIL
HOUSE, VATTAMKULAM PO MALAPPURAM.
2 SIBILUDHEEN, S/O.LATE ABOOBACKER, VALIYIL HOUSE,
VATTAMKULAM PO MALAPPURAM.
BY ADVS.
SRI.P.SANJAY
SMT.A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTED BY THE SI OF POLICE CHANGARAMKULAM POLICE
STATION, MALAPPURAM DISTRICT PIN.682 031
2 USHADEVI M., W/O.SURENDRAN, VENGELAM VALAPPIL HOUSE,
THANDALAM NARIPARAMBA PO, (VIA)THAVANOOR, MALAPPURAM
DISTRICT PIN.679 533
BY ADV SRI.ABDUL RAOOF PALLIPATH
SRI SANGEETHARAN N R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.5832/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
8
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 427 OF 2014
CRIME NO.152/2012 OF Changaramkulam Police Station, Malappuram
AGAINST THE ORDER IN CC NO.455 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 2 & 3:
1 AISHATHUL NASHEEDA, D/O LATE ABOOBACKIER, VALIYAIL
HOUSE, VATTAMKULAM P.O, MALAPPURAM
2 SIBILUDHEEN, S/O LATE ABOOBACKIER, VALIYAIL HOUSE,
VATTAMKULAM P.O, MALAPPURAM
BY ADVS.
SRI.P.SANJAY
SMT.A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
REPRESENTED BY THE SI OF POLICE, CHANGARAMKULAM
POLICE STATION, MALAPPURAM DISTRICT
2 SATHY P.K, W/O SOMAN E.R, EDAYALIL HOUSE, NJAGATTIRI
P.O, KANNANNUR 679311
BY ADV SRI.ABDUL RAOOF PALLIPATH
SRI RENJITH T R, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.5832/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
9
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 428 OF 2014
CRIME NO.261/2012 OF Changaramkulam Police Station, Malappuram
AGAINST THE ORDER IN CC NO.775 OF 2013 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 2 & 3:
1 AISHATHUL NASHEEDA, D/O. LATE ABOOBACKER, VALIYIL
HOUSE, VATTAMKULAM P.O., MALAPPURAM.
2 SIBILUDEEN, S/O. LATE ABOOBACKER,VALIYIL HOUSE,
VATTAMKULAM P.O., MALAPPURAM.
BY ADVS.
SRI.P.SANJAY
SMT.A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT.
2 VIJITHA P., D/O. VIJAYAN, PAZHAMKANDATHIL HOUSE,
NADUVATTOM P.O., MALAPPURAM DISTRICT.
BY ADV SRI.ABDUL RAOOF PALLIPATH
SRI SANGEETHARAJ N R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.5832/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
10
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 429 OF 2014
CRIME NO.263/2012 OF Changaramkulam Police Station, Malappuram
AGAINST THE ORDER IN CC NO.484 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 2 & 3:
1 AYISHATHUL NASHEEDA, D/O. LATE ABOOBACKER, VALIYIL
HOUSE, VATTAMKULAM P.O., MALAPPURAM.
2 SIBILUDHEEN, S/O. LATE ABOOBACKER, VALIYIL HOUSE,
VATTAMKULAM P.O., MALAPPURAM.
BY ADVS.
P.SANJAY
A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT.
2 RAGHUNATHAN K.P., S/O. LATE P.M.KUNJUNNI NAIR,
PULAKKADU MELETHIL, ALANKODE P.O., KAKKIPPURAM DESOM,
MALAPPURAM DISTRICT -679 533.
BY ADV ABDUL RAOOF PALLIPATH
SRI RENJITH T R, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.5832/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
11
2024:KER:79359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 430 OF 2014
CRIME NO.256/2012 OF Changaramkulam Police Station, Malappuram
AGAINST THE ORDER IN CC NO.360 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED 2 & 3:
1 AYISHATHUL NASHEEDA, D/O. LATE ABOOBACKER, VALIYIL
HOUSE, VATTAMKULAM P.O., MALAPPURAM.
2 SIBILUDHEEN, S/O. LATE ABOOBACKER, VALIYIL HOUSE,
VATTAMKULAM P.O., MALAPPURAM.
BY ADVS.
SRI.P.SANJAY
SMT.A.PARVATHI MENON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
CHANGARAMKULAM POLICE STATION, MALAPPURM DISTRICT.
2 DEEPA PHILIP, W/O. PRADEEP JOSEPH, VAKKANIL HOUSE,
THIROORKADU P.O., VALAMBUR AMSOM, THIROORKADU DESOM,
PERINTHALMANNA - 679 533.
BY ADV SRI.ABDUL RAOOF PALLIPATH
SRI SANGEETHARAJ N R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, ALONG WITH Crl.MC.5832/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014 and 430/2014
12
2024:KER:79359
P. V. KUNHIKRISHNAN, J.
-------------------------------------------
Crl.MC Nos.5832/2013, 425/2014, 426/2014, 427/2014, 428/2014,
429/2014, 430/2014, 5825/2013, 5833/2013, 5834/2013 and
5835/2013
-------------------------------------------
Dated this the 24th day of October, 2024
COMMON ORDER
These Criminal Miscellaneous Cases are connected and
therefore, I am disposing of these Criminal Miscellaneous Cases by
a common order. Almost same set of facts are alleged in these cases
against the petitioners/accused. The offence alleged against the
petitioners in these cases include, inter alia under Section 420 r/w
34 of the Indian Penal Code.
2. The defacto complainants in these cases applied
for getting a job based on a newspaper publication at the Ushus
School, Vattakulam, Edappal. It is the case of the defacto
complainants in these cases that the Chairperson of the above
institution Sakkira Aboobacker and Principal Varghese Joseph
conducted an interview and defacto complainants were appointed in
the school in different posts. It is the case of the defacto
complainants that, they were offered Government pay scale and the
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
benefit of Employees' Provident Fund and Employees' State
Insurance. It is also the case of the defacto complainants that, huge
amounts were collected as security and an agreement was also
executed. Appointment orders were also issued to the defacto
complainants is the case. It is also the case of the defacto
complainants that, in the first two academic years, the salary was
received by them without any failure. Subsequently, the salary was
not received properly. When the same was questioned, the school
authorities did not respond is the case of the defacto complainants.
When the defacto complainants requested to return the deposits,
they were offered to give the deposits in three installment, but the
amount is not disbursed. Hence it is alleged that the school
authorities committed the offences.
3. The petitioners in these cases are arrayed as
accused stating that they are the authorized persons of the school.
The petitioners in Crl.M.C.No.5835/2013 are accused No.4 and 5 in
C.C.No.282/2012, the petitioners in Crl.M.C.No.5833/2013 are
accused Nos.4 and 5 in C.C.No.277/2012, the petitioners in
Crl.M.C.No.5832/2013 are accused No.4 and 5 in C.C.No.394/2012,
the petitioners in Crl.M.C.No.5834/2013 are accused No.4 and 5 in
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
C.C.No.391/2012, the petitioners in Crl.M.C.No.5825/2013 are
accused No.4 and 5 in C.C.No.290/2012, the petitioners in
Crl.M.C.No.425/2014 are accused Nos.2 and 3 in C.C.No.321/2012,
the petitioners in Crl.M.C.No.426/2014 are accused Nos.2 and 3 in
C.C.No.446/2012, the petitioners in Crl.M.C.No.427/2014 are
accused Nos.2 and 3 in C.C.No.455/2012, the petitioners in
Crl.M.C.No.428/2014 are accused Nos.2 and 3 in C.C.No.775/2013,
the petitioners in Crl.M.C.No.429/2014 are accused Nos.2 and 3 in
C.C.No.484/2012 and the petitioners in Crl.M.C.No.430/2014 are
accused Nos.2 and 3 in C.C.No.360/2012. All these cases are
pending before the Judicial First Class Magistrate Court, Ponnani.
5. The allegation against the petitioners in all these
cases are almost similar. Therefore, I am extracting the relevant
portion of the charge only in one of the case. The relevant portion of
the charge in Annexure-A3 of Crl.M.C.No.5835/2013 is extracted
hereunder:
'1 മുതൽ 5 കൂടിയ പ്രതികൾ വട്ടംകുളത്തു പ്രവർത്തിച്ചുവരുന്ന
ഉഷസ് സ്കൂളിൽ അധ്യാപകരെ ആവശ്യമുണ്ടെന്നുള്ള
പത്രപരസ്യം ചെയ്തു ആയതിന്റെ അടിസ്ഥാനത്തിൽ
ആവശ്യക്കാരിയെ അഭിമുഖം നടത്തി മലയാളം
അധ്യാപികയായി നിയമനം നടത്തിയ ശേഷം, സർക്കാർ
നൽകുന്ന ശമ്പളവും, മറ്റുള്ള ആനുകൂല്യങ്ങളും നൽകുമെന്ന്
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
പറഞ്ഞു വിശ്വസിപ്പിച്ചു സ്ഥാപനത്തിന്റെ ട്രസ്റ്റിലേക്കു വേണ്ടി
3 1/2 ലക്ഷം രൂപ കൈപ്പറ്റിയും ആയതിൽ മുദ്രപത്രത്തിൽ
കരാർ എഴുതി നൽകിയും 18.06.2008 മുതൽ ജോലി ചെയ്തു
വരവെ വ്യവസ്ഥകൾ ലംഘിച്ചു പറഞ്ഞ ശമ്പളവും,
ആനുകൂല്യങ്ങളും നൽകാതെയും, കൈപ്പറ്റിയ പണം തിരിച്ചു
നൽകാതെയും പ്രതികൾ സ്ഥാപനത്തിന്റെ ട്രസ്റ്റിയായും
ജീവനക്കാരായും ഉത്തരവാദിത്വത്തിൽ നിന്നും പരസ്പരം
സഹായികളും ഉത്സാഹിതരുമായി ആവർത്തിച്ചു പ്രവർത്തിച്ചു
മനഃപൂർവം അന്യായക്കാരിയെ ചതി ചെയ്തിരുന്ന കാര്യം.'
6. Similar is the allegation in all the cases.
According to the defacto complainants, they were appointed as
teachers and they gave security amount at the time of appointment.
It is also an admitted fact that the defacto complainants received
salary for 1 to 2 years. The grievance of the defacto complainants is
that, thereafter, they did not receive the salary properly. Hence,
they requested to refund the security amount. The school
authorities assured that the amount will be returned in installments
but the same is not returned. Whether the same amounts to an
offence under Section 420 IPC is the question to be decided.
7. The Apex Court in Subbiah C. @ Kadambur
Jayaraj v. Superintendent of Police [2024 KHC 6288]
considered the ingredients to attract the offence under section 420
IPC. The relevant portion is extracted hereunder:
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
'40. The complainant has clearly alleged that the
accused caused him monetary loss because the appropriate
share of profits was not passed on to him after some plots
from the entire chunk had been sold. This Court in the case
of Sarabjit Kaur v. State of Punjab and Anr, 2023 SCC
OnLine SC 201 observed that: - "A breach of contract does
not give rise to criminal prosecution for cheating unless
fraudulent or dishonest intention is shown right at the
beginning of the transaction. Merely on the allegation of
failure to keep up the promise will not be enough to initiate
criminal proceedings".
41. Similarly, in the case of Vijay Kumar Ghai v.
State of W.B., 2022 (7) SCC 124, this Court while tracing
the earlier decisions on the subject observed as under: 24.
This Court in G. Sagar Suri v. State of U.P. (G. Sagar Suri v.
State of U.P., 2000 (2) SCC 636) observed that it is the duty
and obligation of the criminal court to exercise a great deal
of caution in issuing the process, particularly when matters
are essentially of civil nature. 25. This Court has time and
again cautioned about converting purely civil disputes into
criminal cases. This Court in Indian Oil Corpn. (Indian Oil
Corpn. v. NEPC India Ltd., 2006 (6) SCC 736) noticed the
prevalent impression that civil law remedies are time
consuming and do not adequately protect the interests of
lenders / creditors. The Court further observed that :
(Indian Oil Corpn case (Indian Oil Corpn v. NEPC India
Ltd., 2006 (6) SCC 736)
"13. ... Any effort to settle civil disputes and claims, which
do not involve any criminal offence, by applying pressure
through criminal prosecution should be deprecated and
discouraged."
42. Thus, we are of the firm view that the
necessary ingredients of the offences punishable under
S.406 and S.420 IPC are not made out against the
accused appellants from the admitted allegations set out
in the complaint and the charge sheet. It cannot be
doubted that a dispute which is purely civil in nature has
been given a colour of criminal prosecution alleging fraud
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
and criminal breach of trust by misusing the tool of
criminal law.
43. The Investigating Officer has also applied
offences under S.294(b) and S.506(ii) read with S.114 IPC
in the charge sheet. On going through the entire charge
sheet, we do not find any such material therein which can
justify invocation of the offence under S.294(b) IPC
which reads as below: - "294. Obscene acts and songs. -
Whoever, to the annoyance of others, (a) xxxx xxxx xxxx
(b) sings, recites or utters any obscene song, ballad or
words, in or near any public place, Shall be punished with
imprisonment of either description for a term which may
extend to three months, or with fine, or with both."
44. The complainant alleged that the accused
abused him by using profane language. S.294(b) IPC
would clearly not apply to such an act. Apart from a bald
allegation made by the complainant that A - 1 abused him
and intimidated him on 28th July, 2010, there is no
material which can show that the accused indulged in
criminal intimidation of the complainant so as to justify
invocation of the offence punishable under S.506(ii) IPC.
45. We have to be conscious of the fact that the
complainant has tried to misuse the tool of criminal law
by filing the patently frivolous FIR dated 6th March,
2011, wherein the allegation is levelled regarding the so -
called incident of criminal intimidation dated 28th July,
2010. The said allegation otherwise is also belied for the
reason that in the FIR, the complainant states that he
filed a complaint dated 29th July, 2010 in Kovilpatti
West Police Station, but the RTI reply from the said
police station clearly states that no such complaint was
ever received.
46. Thus, we are persuaded to accept the contention
of learned counsel for the accused appellants to hold
that the criminal prosecution instituted against the
accused appellants in pursuance of the totally frivolous
FIR tantamounts to sheer abuse of the process of law.'
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
7. Similarly, in Sharif Ahmed v. State of Uttar
Pradesh [2024 KHC 6251] the Apex Court considered the
ingredients of Section 420 IPC. The relevant portion of the
judgment is extracted hereunder:
'37. The chargesheet states that the offence
under S.420 is not made out. The offence of cheating
under S.415 of the IPC requires dishonest inducement,
delivering of a property as a result of the inducement,
and damage or harm to the person so induced. The
offence of cheating is established when the dishonest
intention exists at the time when the contract or
agreement is entered, for the essential ingredient of the
offence of cheating consists of fraudulent or dishonest
inducement of a person by deceiving him to deliver any
property, to do or omit to do anything which he would
not do or omit if he had not been deceived. As per the
investigating officer, no fraudulent and dishonest
inducement is made out or established at the time when
the agreement was entered.'
8. The Apex Court in Vinay Kumar Ghai and
Others v. State of West Bengal and Others [2022 KHC
6328] considered the ingredients of Sections 406 and 420 IPC. It
will be better to extract the relevant paragraph hereunder:
42. The order of the High Court is seriously flawed due
to the fact that in its interim order dated 24/03/2017, it
was observed that the contentions put forth by the
Appellant vis-a-vis two complaints being filed on the
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
same cause of action at different places but the
impugned order overlooks the said aspect and there
was no finding on that issue. At the same time, in order
to attract the ingredients of Section of 406 and 420 IPC
it is imperative on the part of the complainant to prima
facie establish that there was an intention on part of the
petitioner and / or others to cheat and / or to defraud
the complainant right from the inception. Furthermore
it has to be prima facie established that due to such
alleged act of cheating the complainant (Respondent
No. 2 herein) had suffered a wrongful loss and the
same had resulted in wrongful gain for the accused
(appellant herein). In absence of these elements, no
proceeding is permissible in the eyes of law with regard
to the commission of the offence punishable u/s 420
IPC. It is apparent that the complaint was lodged at a
very belated stage (as the entire transaction took place
from January 2008 to August 2009, yet the complaint
has been filed in March 2013 1.e., after a delay of
almost 4 years) with the objective of causing
harassment to the petitioner and is bereft of any truth
whatsoever.
(underline supplied)
9. Moreover, the offence under Section 406 IPC is
also not made out in the facts and circumstances of this case.
Section 406 IPC deals about the punishment for criminal breach of
trust. 'Criminal breach of trust' is defined in Section 405 IPC which
is extracted hereunder:
'405. Criminal breach of trust.--Whoever, being in any
manner entrusted with property, or with any dominion
over property, dishonestly misappropriates or converts
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
to his own use that property, or dishonestly uses or
disposes of that property in violation of any direction
of law prescribing the mode in which such trust is to be
discharged, or of any legal contract, express or implied,
which he has made touching the discharge of such
trust, or wilfully suffers any other person so to do,
commits "criminal breach of trust".
10. Admittedly, the defacto complainants worked for
about two years as teachers and they received salary. It is also the
admitted case of the defacto complainants that the school
authorities offered to return the security amount in installments
when they decided to resign from the school. In such
circumstances, I am of the considered opinion that the offence
under Section 406 IPC is not made out.
11. In Crl.M.C.No.5832/2013, Annexure-A3 is the
final report, in which the offences alleged are under Sections 406,
420, 506(i), 294(b) and 120(B) r/w 34 of the Indian Penal Code.
The learned Magistrate as per order dated 26.05.2012 returned the
final report stating that offences under Sections 406, 420, 506(i)
and 294(b) are not triable together as per Section 220 Cr.P.C.
Thereafter the case was resubmitted. Even if the allegations are
accepted, the offences under Sections 506(i), 294(b) and 120(B) are
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
not attracted.
12. In the light of the principles laid down by this
Court regarding the ingredients of Section 420 IPC, this Court
perused the first information statement, final report and other
documents produced by the prosecution. Even if the entire
allegation are accepted, there is no case to the prosecution that at
the time of inception itself, there is any intention on the part of the
accused to cheat the defacto complainants. It is true that, there is
allegation that the offered salary is not paid subsequently. There is
also a case to the defacto complainants that the security amount
paid is not refunded. These are all monetary claims. This will not
attract the offence under Section 420 IPC. Therefore, I am of the
considered opinion that the prosecution against the petitioners in
these cases are liable to be quashed.
Therefore, these Criminal Miscellaneous Cases are allowed
in the following manner:
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
C.C.No.282/2012 on the file of the Judicial First Class
Magistrate Court, Ponnani are quashed.
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
C.C.No.391/2012 on the file of the Judicial First Class
Magistrate Court, Ponnani are quashed.
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
C.C.No.277/2012 on the file of the Judicial First Class
Magistrate Court, Ponnani are quashed.
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
C.C.No.394/2012 on the file of the Judicial First Class
Magistrate Court, Ponnani are quashed.
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
C.C.No.290/2012 on the file of the Judicial First Class
Magistrate Court, Ponnani are quashed.
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
C.C.No.321/2012 on the file of the Judicial First Class
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
Magistrate Court, Ponnani are quashed.
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
C.C.No.446/2012 on the file of the Judicial First Class
Magistrate Court, Ponnani are quashed.
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
C.C.No.455/2012 on the file of the Judicial First Class
Magistrate Court, Ponnani are quashed.
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
C.C.No.775/2013 on the file of the Judicial First Class
Magistrate Court, Ponnani are quashed.
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
C.C.No.484/2012 on the file of the Judicial First Class
Magistrate Court, Ponnani are quashed.
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
This Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners alone in
c.c.no.360/2012 on the file of the judicial first class
magistrate court, ponnani are quashed.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/24.10.2024
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT DATED 2-3-12
ANNEXURE A2 CERTIFIED COPY OF THE FIR DATED 16.03.2012
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT DATED 26-04-2012
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT DATED 01.03.12
ANNEXURE A2 CERTIFIED COPY OF THE FIR DATED 01-03-2012
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT DATED 30-04-2012
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT 1-3-12
ANNEXURE A2 CERTIFIED COPY OF THE FIR DATED 01-03-2012
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT DATED 26-04-2012
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT MARCH 2012
ANNEXURE A2 CERTIFIED COPY OF THE FIR DATED 01-03-2012
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT DATED 26-04-2012
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT 2-3-2012
ANNEXURE A2 CERTIFIED COPY OF THE FIR DATED 17-03-2012
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT DATED 26-04-2012
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER EXHIBITS
ANNX.A1 - CERTIFIED COPY OF THE COMPLAINT DATED 01-03-2012
ANNX.A2 - CERTIFIED COPY OF THE FIR DATED 01-03-12
ANNX.A3 - CERTIFIED COPY OF THE FINAL REPORT DATED 26-4-12
ANNX.A4 - COPY OF THE PLAINT IN O.S.NO.141/12 DTD.27-3-12
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER EXHIBITS
ANNX.A1 - CERTIFIED COPY OF THE COMPLAINT DATED 04-05-2012
ANNX.A2 - CERTIFIED COPY OF THE FIR DATED 04-05-12
ANNX.A3 - CERTIFIED COPY OF THE FINAL REPORT DATED 23-7-12
ANNX.A4 - COPY OF THEPLAINT IN O.S.NO.124/12 DATED NIL.
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT DATED 02-03-2012
ANNEXURE A2 CERTIFIED COPY OF THE FIR DATED 16-03-2012
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT DATED 12-04-2012
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER EXHIBITS
ANNX.A1 - CERTIFIED COPY OF THE COMPLAINT DATED 04-05-2012
ANNX.A2 - CERTIFIED COPY OF THE FIR DATED 06-05-12
ANNX.A3 - CERTIFIED COPY OF THE FINAL REPORT DATED 21-7-12
ANNX.A4 - COPY OF THEPLAINT IN O.S.NO.92/13
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER EXHIBITS
ANNX.A1 - CERTIFIED COPY OF THE COMPLAINT DATED 06-05-2012
ANNX.A2 - CERTIFIED COPY OF THE FIR DATED 07-05-12
ANNX.A3 - CERTIFIED COPY OF THE FINAL REPORT DATED 16-7-12
ANNX.A4 - COPY OF THEPLAINT IN O.S.NO.126/12 DATED 21-3-12.
Crl.MC Nos.5835/2013, 5834/2013, 5833/2013, 5832/2013,
5825/2013, 425/2014, 426/2014, 427/2014, 428/2014,
2024:KER:79359
PETITIONER EXHIBITS
ANNX.A1 - CERTIFIED COPY OF THE COMPLAINT DATED 04-05-2012
ANNX.A2 - CERTIFIED COPY OF THE FIR DATED 04-05-12
ANNX.A3 - CERTIFIED COPY OF THE FINAL REPORT DATED 23-7-12
ANNX.A4 - COPY OF THEPLAINT IN O.S.NO.125/12 DATED 21.03.2012.
