Kerala High Court
P.D.Joseph vs State Of Kerala on 11 September, 2012
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
FRIDAY, THE 25TH DAY OF OCTOBER 2013/3RD KARTHIKA, 1935
Crl.MC.No. 4884 of 2013 ()
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AGAINST THE ORDER/JUDGMENT IN CC 369/2013 of JUDICIAL MAGISTRATE OF
FIRST CLASS-III, KOTTAYAM
PETITIONER(S)/ACCUSED NOS 1 & 2:
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1. P.D.JOSEPH, AGED 59 YEARS,
S/O DEVASIA, POTTANGAYIL HOUSE, KUMARANALLOOR,
NOW RESIDING AT POTTANGAYIL HOUSE, PARAMPUZHA P.O,
VIJAYAPURAM, KOTTAYAM.
2. LEELAMMA CHACKO, AGED 50 YEARS,
W/O P.D JOSEPH, POTTANGAYIL HOUSE, KUMARANALLOOR,
NOW RESIDING AT POTTANGAYIL HOUSE, PARAMPUZHA P.O,
VIJAYAPURAM, KOTTAYAM.
BY ADV. SRI.M.J.THOMAS
RESPONDENTS/ STATE & COMPLAIANT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE,
KOTTAYAM WEST, KOTTAYAM.
3. JACOB ALEXANDER,, AGED 58 YEARS,
S/O ALEXANDER DEVASIA, VATTAMATTATHIL HOUSE, PARAMPUZA,
VIZAYAPURAM, KOTTAYAM.
R1 TIO R2 BY PUBLIC PROSECUTOR SMT S HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25-10-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4884 of 2013 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1 CERRIFIED COPY OF THE CHARGE SHEET IN CC 369/2013 OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT NO III, KOTTAYAM.
ANNEXURE 2 TRUE COPY OF THE PLAINT IN OS 698/2012 OF THE SUB COURT,
KOTTAYAM.
ANNEXURE 3 TRUE COPY OF THE PROMISSORY NOTE DATED 11-09-2012.
ANNEXURE 4 TRUE COPY OF THE PLAINT IN OS 715/2012 OF THE SUB COURT,
KOTTAYAM.
ANNEXURE 5 TRUE COPY OF THE CHEQUE DATED 29-11-2012 FOR RS 3,70,000/-
ISSUED BY THE DEFACTO COMPLAINANT TO THE 2ND PETITIONER.
ANNEXURE 6 TRUE COPY OF THE PLAINT IN OS 76/2013 OF THE SUB COURT,
KOTTAYAM.
ANNEXURE 7 TRUE COPY OF THE CHEQUE DATED 29-11-2012 FOR RS 3,70,000/-.
ANNEXURE 8 TRUE COPY OF THE COMPLAINT CMP NO 992/2013 FILED BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT III, KOTTAYAM
ANNEXURE 9 TRUE COPY OF THE FIR IN CRIME NO 200/2013 OF THE KOTTAYAM
WEST POLICE STATION.
ANNEXURE 10 TRUE COPY OF THE NOTICE DATED 20-03-2013 ISSUED BY THE 2ND
RESPONDENT .
ANNEXURE 11 TRUE COPY OF THE REPLY BYTHE IST PETITIONER TO THE
ANNEXURE 10 LETTER TO THE 2ND RESPONDENT.
ANNEXURE 12 TRUE COPY OF THE ADDITIONAL STATEMENT OF THE DEFACTO
COMPLAINANT.
ANNEXURE 13 TRUE COPY OF THE 161 STATEMENT OF CW2
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A TO JUDGE
LSN
HARUN-UL-RASHID,J.
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CRL.M.C.NO. 4884 OF 2013
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DATED THIS THE 25TH DAY OF OCTOBER, 2013
O R D E R
Petitioners are accused 1 and 2 in C.C.No.369/2013 on the file of the Judicial First Classw Magistrate Court-III, Kottayam. The accused are husband and wife. The offences alleged are punishable under Sections 120(b), 195 (a), 420, 467, 468 and 418 of the Indian Penal Code, Sections 13 and 17 of the Kerala Money Lenders Act and Sections 3 and 4 of the Prohibition of Charging Exorbitant Interest Act. Petitioners submit that they are neither money lenders nor have received any interest from the defacto complainant. According to them, charge sheet filed against them is an abuse of the process of law and the attempt of the defacto complainant is to get exculpated from the civil liability that may accrue on them. After investigation, police has submitted final report before the Learned Magistrate
2. In the facts and circumstances, it is for the petitioners to approach the Judicial First Class Magistrate Court-III, Kottayam with supporting materials to convince the court that they are innocent of all the charges levelled against them.
Crl.M.C. is disposed of with a direction to the Judicial First Class Magistrate-III, Kottayam to consider the application for discharge, in the event of the petitioners submitting discharge applications within a period of three weeks. Personal appearance of the petitioners is dispensed with except in the cases where their presence is absolutely necessary. The learned -2- Crl.M.C.NO.4884/2013 Magistrate shall dispose of the discharge application within a period of two months from the date of receipt of the discharge application HARUN-UL-RASHID, JUDGE.
kcv.