Kerala High Court
Dileepan K vs State Of Kerala on 21 March, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 21ST DAY OF MARCH 2016/1ST CHAITHRA, 1938
Crl.MC.No. 1364 of 2016
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CRIME NO. 442/2013 OF KOLLAM EAST POLICE STATION, KOLLAM
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PETITIONER(S)/ACCUSED NO.4:
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1. DILEEPAN K., AGED 50 YEARS,
S/O.KUNJURAMAN, RESIDING AT UPASANA, CHETHADI,
KOTTARAKARA KOLLAM 691 547.
2. PRASANNAKUMARI, AGED 50 YEARS,
W/O.DILEEPAN, RESIDING AT UPASANA, CHETHADI,
KOTTARAKARA, KOLLAM 691 547.
BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)
RESPONDENT(S)/COMPLAINANT:
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1. STATE OF KERALA,
TO BE REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA COCHIN.
2. THE CITY POLICE COMMISSIONER,
COMMISSIONER OFFICE, KOLLAM 691 001.
3. DEPUTY SUPDT. OF POLICE,
DEPUTY SUPDT. OFFICE, KOLLAM 691 001.
4. CIRCLE INSPECTOR OF POLICE,
EAST POLICE STATION COMPOUND, KOLLAM 691 001.
5. SUB INSPECTOR OF POLICE,
EAST POLICE STATION, KOLLAM 691 001.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21-03-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
msv/
Crl.MC.No. 1364 of 2016
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1- A TRUE COPY OF THE FIR BEARING CRIME NO.442/2013 OF
KOLLAM EAST POLICE STATION
ANNEXURE A2- A TRUE COPY OF THE TRANSLATED VERSION OF THE FINAL
REPORT BY CBCID, KOZHIKODE
ANNEXURE A3- A TRUE COPY OF THE LETTER FROM RESERVE BANK OF INDIA
STATING THAT THE SAID COMPANY DOES NOT COMES UNDER THE
REGULATION OF RESERVE BANK OF INDIA AND THEREFORE REFER
THE CASE TO SEBI
ANNEXURE A4- A TRUE COPY OF THE REGIONAL TOPPERS LIST OF THE ALLEGED
COMPANY IN WHICH THE PETITIONERS WERE WORKING IN (PACL)
ANNEXURE A5- A TRUE COPY OF THE REMAND APPLICATION AND REPORT
SUBMITTED BY THE 5TH RESPONDENT
ANNEUXRE A6- A TRUE COPY OF THE ORDER ISSUED BY THE SECURITY EXCHANGE
BOARD OF INDIA
ANNEUXRE A7- A TRUE COPY OF THE PROCEEDINGS OF THE HON'BLE SUPREME
COURT AGAINST THE PACL COMPANY
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.S. TO JUDGE
msv/
B. KEMAL PASHA, J.
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CRL.M.C. No. 1364 of 2016
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Dated this the 21st day of March, 2016
O R D E R
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
2. Petitioners are the accused in Crime No.442/2013 of the Kollam East Police Station, registered for the offences punishable under Sections 420 and 511 of Section 465 IPC read with Section 34 and Section 45(s) of the Reserve Bank of India Act, 1934 and Sections 2(c), 3, 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978.
3. The allegation against the petitioners and the other accused is that the accused participated in conducting CRL.M.C.No. 1364 of 2016 -: 2 :- an institution named PACL Ltd. and amassed huge amounts, by inducing various members of the public to part with huge amounts, by offering attractive commissions and profits from business. They have made such collections fraudulently and illegally, that too, without keeping any records. The amounts collected were not returned to the public. In the search conducted at the premises, it was revealed that an amount of 99,86,342/- was collected illegally from the public just on one day in between 3 p.m. on 28-02-13 and the morning of 01-03-2013. The said amount was seized. Various documents showing involvement of the accused were also allegedly seized.
4. According to the petitioners, they are not in any way connected with the business of the company and they are mere agents. It is too premature at this stage to consider those aspects. Let a proper investigation be conducted in the matter and let the truth come out. At this stage there is absolutely nothing to quash the FIR in the CRL.M.C.No. 1364 of 2016 -: 3 :- crime. Therefore, this Crl.M.C. is devoid of merits and is only to be dismissed, and I do so.
In the result, this Crl.M.C. is dismissed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge