Kerala High Court
Bhasi vs State Of Kerala on 30 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 7529 OF 2018 1
2024:KER:72465
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
CRL.MC NO. 7529 OF 2018
CRIME NO.980/2014 OF Kozhikode Town Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.36 OF 2018 OF
CHIEF JUDICIAL MAGISTRATE ,KOZHIKODE
PETITIONER/S:
1 BHASI,
AGED 53 YEARS
S/O RAGHAVAN, RESIDING AT UTTUMADATHIL HOUSE,
KAIPARAMBA PO, THRISSUR DISTRICT.
2 PRADEEP N.S.,
AGED 52 YEARS
S/O.SUBRAMANIAN, RESIDING AT NADULIPURAKKAL HOUSE,
CHORAMKULAM ROAD, AMMADAM, THRISSUR DISTRICT.
3 PETER MAMRA,
AGED 51 YEARS
S/O.SCARIA K.P., RESIDING AT MAMRA HOUSE,
PILAPPULLY, PRUTHIPULLI P.O., ALATHUR TALUK,
PERINGOTTUKURUSSI, PALAKKAD DISTRICT.
4 SOJAN. VAVIRACHAN,
AGED 40 YEARS
S/O.P.J.AVIRACHAN, RESIDING AT VETTUKALLEL HOUSE,
THOMMANKUTHU, THODUPUZHA, IDUKKI DISTRICT.
5 A.C.JOSE,
AGED 58 YEARS
S/O.CHACKO A.R., RESIDING AT ALOOKARAN HOUSE,
CRL.MC NO. 7529 OF 2018 2
2024:KER:72465
PADAVARAD ROAD P.O., ANCHERY OLLUR, THRISSUR
DISTRICT.
BY ADVS.
P.S.SREEDHARAN PILLAI
SRI.T.K.SANDEEP
SRI.ARJUN SREEDHAR
SRI.ARUN KRISHNA DHAN
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 31.
BY SRI C.K.SURESH, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7529 OF 2018 3
2024:KER:72465
P.V.KUNHIKRISHNAN, J
--------------------------------------
Crl.M.C. No.7529 of 2018
--------------------------------------
Dated this the 30th day of September, 2024
ORDER
This Crl.M.C. is filed to quash the proceedings in CC
No. 36/2018 on the file of the Chief Judicial First Class
Magistrate Court, Kozhikode arising from Crime No.
980/2014 of Kozhikode Town Police Station. The petitioners
are the accused Nos. 1 to 5. The above case is charge-
sheeted alleging offences punishable under Sec. 420 IPC and
Secs. 3 & 4 of the Prize Chits and Money Circulation Scheme
(Banning) Act, 1978.
2. According to the petitioners, even if the entire
allegations are accepted, no offence is made out. The counsel
also relied Annexure-V judgment of this Court, by which
Annexures III and IV orders were already quashed by this
2024:KER:72465
Court. Hence, the prosecution against the petitioners are
unsustainable is the submission. The Public Prosecutor
submitted that there are some victims in this case and in their
Sec.161 Cr.P.C. statement, it is stated that they were
cheated. This is seriously opposed by the petitioners.
According to the petitioners, even if the entire Sec.161 Cr.P.C
statement of those alleged victims are accepted in toto, no
offence under Sec. 420 IPC is made out.
3. After hearing both sides, I think the
petitioners can be allowed to file a discharge petition, raising
all these contentions before the trial court, if the charge is
not framed. While deciding the matter, the learned
Magistrate will consider Annexure-V also.
Therefore, this Crl.M.C. is disposed of in the following
manner :
1. The petitioners are free to file a discharge
petition before the jurisdictional court within
thirty days from the date of receipt of a stamped
certified copy of this order, if charge is not
2024:KER:72465
framed.
2. Once such a discharge petition is received, the
jurisdictional court will consider the same and pass
appropriate orders in it, after giving an opportunity
of hearing to the petitioners and the Prosecutor
concerned, as expeditiously as possible, at any rate,
within a period of six weeks from the date of receipt
of the discharge petition.
3. If a discharge petition is filed as directed above, the
presence of the petitioners shall not be insisted, till
final orders are passed in the discharge petition.
4. All the contentions raised by the petitioners in this
criminal miscellaneous case are left open and the
petitioners are free to agitate the same in the
discharge petition.
5. The learned Magistrate will consider Annexure-V
also, while deciding the discharge petition.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
2024:KER:72465
PETITIONER ANNEXURES
ANNEXURE I A TRUE COPY OF THE F.I.R IN CRIME
NO.980/2014 OF KOZHIKODE TOWN POLICE
STATION DATED 25.11.2014.
ANNEXURE II A TRUE COPY OF THE FINAL REPORT/CHARGE
SHEET NO.647/2017 DATED 30.01.2018 BEFORE
THE CHIEF JUDICIAL MAGISTRATE COURT,
KOZHIKODE.
ANNEXURE III A TRUE COPY OF THE GOVERNMENT ORDER
NO.CG(3)-12441/2014 DATED 23.03.2014.
ANNEXURE IV A TRUE COPY OF THE GOVERNMENT ORDER IN
SAID APPEAL NUMBERED AS G.O.
(RT)NO.454/2014 CO-OP. DATED 01.10.2014.
ANNEXURE V A TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.18217/2018 DATED 18.08.2015 BY THE
HONORABLE HIGH COURT OF KERALA.
