Kerala High Court
K.J. Paul vs State Of Kerala on 11 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:69519
CRL.MC NO. 8120 OF 2016
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY,THE 11TH DAY OF SEPTEMBER 2024/ 20TH BHADRA, 1946
CRL.MC NO. 8120 OF 2016
CRIME NO.805/2011 OF Palarivattom Police Station
CC NO.1682/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX,
ERNAKULAM
PETITIONERS/ACCUSED NO.1 TO 3:
1 K.J. PAUL
AGED 47 YEARS, SON OF JOSEPH,
KUREEKAL HOUSE,NEAR THRIKKAKARA TEMPLE,
UNIVERSITY P.O.,KOCHI-682 022.
2 BINDU PAUL
AGED 41 YEARS, WIFE OF K.J.PAUL,
KUREEKAL HOUSE, NEAR THRIKKAKARA TEMPLE,
UNIVERSITY P.O., KOCHI-682 022.
3 T.I.ABDUL HAMEED
AGED ABOUT 46 YEARS, S/O.T.H.IQBAL,
IV/554/A,THAIMADOM, MAMPALLYPARAMBU ROAD,
EDAPPALLY.P.O.,KOCHI-682 024.
BY ADVS. SRI.ALAN PAPALI
SRI.ANTONY ROBERT DIAS
SRI.GILBERT GEORGE CORREYA
SRI.LEO LUKOSE
SRI.NISHIL.P.S.
SRI.J.VIMAL
SRI.A.VELAPPAN NAIR
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2024:KER:69519
CRL.MC NO. 8120 OF 2016
2
2 C.J.MATHEW
AGED 65 YEARS, SON OF C.D.JOHN,
FLAT NO.5B, TRINITY CROWN, TRINITY
APARTMENTS,EDAPPALLY, KOCHI- 682 024.
3 THE SUPERINTENDENT OF POLICE
CRIME BRANCH CID (ECONOMIC OFFENCE WING),
STADIUM BUILDING, KALOOR, KOCHI-682 017.
4 THE DEPUTY SUPERINTENDENT OF POLICE
CRIME BRANCH CID, STADIUM BUILDING,
KALOOR, KOCHI- 682 017.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:69519
CRL.MC NO. 8120 OF 2016
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.8120 of 2016
----------------------------------------------
Dated this the 11th day of September, 2024
ORDER
This criminal miscellaneous case is filed to quash the
proceedings in C.C.No.1682/2016 on the file of the Judicial First
Class Magistrate Court-IX, Ernakulam. It is a private complaint
filed by the 2nd respondent alleging offences punishable under
Sections 465 and 471 read with Section 34 of the Indian Penal
Code.
2. Heard the learned counsel for the petitioners and the
learned counsel for the party respondents.
3. After hearing both sides, I am of the considered
opinion that the petitioners can be allowed to file a discharge
petition before the trial court at the appropriate stage. The
petitioners also can be allowed to file a petition for exemption
and if such an exemption petition is filed, there can be a
direction to consider the same. All the contentions raised by
the petitioners in this criminal miscellaneous case are left open.
2024:KER:69519
CRL.MC NO. 8120 OF 2016
Therefore, this Criminal Miscellaneous Case is disposed of
in the following manner:
1. The petitioners are free to file an
application for exemption before the
jurisdictional court within three weeks from
the date of receipt of a stamped certified
copy of this order if such a petition is filed,
the learned Magistrate will allow the same
on condition that the petitioners will appear
on posting dates on which their presence is
inevitable.
2. The petitioners are also free to file
discharge petition at the appropriate stage
in accordance with law.
3. All the contentions raised by the petitioners
in this criminal miscellaneous case are left
open.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
2024:KER:69519
CRL.MC NO. 8120 OF 2016
PETITIONER ANNEXURES
ANNEXURE-I: CERITFIED COPY OF THE PRIVATE COMPLAINT
FILED BY THE 2ND RESPONDENT BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE'S
COURT, KUNNUMPURAM, ERNAKULAM AS
CRL.M.P.NO.122 OF 2016 DATED
23.03.2016.
ANNEXURE-II: TRUE COPY OF THE COMPLAINT DATED
06.05.2011 FILED BY THE COMPLAINANT
BEFORE THE SUB INSPECTOR OF POLICE,
PALARIVATTOM POLICE STATION.
ANNEXURE-III: TRUE COPY OF THE F.I.R.IN CRIME
NO.805/2011 OF PALARIVATTOM POLICE
STATION DATED 08.05.2011.
ANNEXURE-IV: TRUE COPY OF THE PETITION DATED
16.12.2013 FILED BY THE COMPLAINANT
BEFORE THE CRIME BRANCH S.P.(ECONOMIC
OFFENCES WING).
ANNEXURE-V: TRUE COPY OF THE REFER REPORT DATED
07.06.2016 SUBMITTED BY THE 4TH
RESPONDENT ALONG WITH THE REFER NOTICE
ISSUED TO THE DEFACTO COMPLAINANT/2ND
RESPONDENT.
ANNEXURE-VI: TRUE COPY OF THE ORDER DATED 29.09.2015
WITH REGARD TO THE MAINTAINABILITY OF
O.S.NO.249/2011 FILED BY THE 2ND
RESPONDENT BEFORE THE COURT OF
PRINCIPAL MUNSIFF, ERNAKULAM.
ANNEXURE-VII: TRUE COPY OF THE JUDGMENT DATED
24.09.2016 IN A.S.NO.210/2015 FILED BY
THE DEFACTO COMPLAINANT AGAINST THE
DECREE AND JUDGMENT DATED 29.09.2015 IN
O.S.NO.249/2011 OF THE COURT OF 2ND
ADDITIONAL DISTRICT JUDGE, ERNAKULAM.
Annexure VIII A TRUE COPY OF THE JUDGMENT DATED
02.08.2018 IN TCP 107/2016 ON THE FILES
OF THE NATIONAL COMPANY LAW TRIBUNAL,
SINGLE BENCH, CHENNAI.
Annexure IX A TRUE COPY OF THE JUDGMENT DATED
2024:KER:69519
CRL.MC NO. 8120 OF 2016
06.09.2019 IN COMPANY APPEAL 321 OF
2018 ON THE FILES OF THE NATIONAL
COMPANY LAW APPELLATE TRIBUNAL, NEW
DELHI.
Annexure X A TRUE COPY OF THE JUDGMENT DATED
15.11.2019 IN CIVIL APPEAL 8293 OF 2019
ON THE FILES OF THE HONORABLE SUPREME
COURT OF INDIA.
