Kerala High Court
Treasa Bency N.L vs Dr.Preceline George on 3 November, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 20TH DAY OF JULY 2016/29TH ASHADHA, 1938
Crl.MC.No. 2596 of 2013 ()
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CC. NO.123/2011 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT
(ECONOMIC OFFENCES), ERNAKULAM.
.......
PETITIONERS/ACCUSED NOS 1 TO 5 AND 7:
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1. TREASA BENCY N.L.,
D/O.N.V. LONAPPAN, NEISSERY HOUSE,
VADHYAR ROAD, KALOOR.
2. N.L. LONAPPAN,
S/O.N.L. VINCENT, NEISSERY HOUSE,
VADHYAR ROAD, KALOOR. (DIED)
3. MARY,
W/O.N.V. LONAPPAN, NEISSERY HOUSE,
VADHYAR ROAD, KALOOR.
4. LINCY,
D/O.N.V.LONAPPAN, NEISSERY HOUSE,
VADHYAR ROAD, KALOOR.
5. FR.ANTONY FRANCIS,
NEISSERY HOUSE, VADHYAR ROAD,
KALOOR.
6. PAUL P.V.,
S/O.P.J.VARGHESE, PALAPPALLY PARAMBIL,
KATHRUKADAVU, KALOOR.
BY ADV. SMT.K.V.BHADRA KUMARI.
RESPONDENTS/COMPLAINANT AND STATE:
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1. DR.PRECELINE GEORGE,
S/T.A.T. GEORGE, ARACKAL HOUSE,
NO.36/3137, KATHRIKADAVU, KALOOR,
KOCHI-682 017.
Crl.MC.No. 2596 of 2013
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI-682 031.
R1 BY ADVS. SRI.SANTHAN V.NAIR,
SRI.S.RAJEEV,
SRI.K.K.DHEERENDRAKRISHNAN,
SRI.V.VINAY.
R2 BY PUBLIC PROSECUTOR SMT.BINDU GOPINATH.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 20-07-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 2596 of 2013
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE-I. COPY OF THE FIRST INFORMATION REPORT DATED 03/11/2009
IN CRIME NO.1928/2009 OF THE ERNAKULAM TOWN POLICE
STATION.
ANNEXURE-II. CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.1928/2009 OF THE ERNAKULAM
TOWN POLICE STATION.
ANNEXURE-III. COPY OF THE ORDER DATED 04/06/2010 IN
CRMC NO.1671/2010.
ANNEXURE-IV. COPY OF THE CERTIFICATE DATED 23/03/2010 ISSUED BY
DOCTOR VASANTHA NAIR, PROFESSOR, ENDOCRINOLOGY
AND DIABETES, AIMS.
ANNEXURE-V. COPY OF THE CERTIFICATE DATED 28/07/2009 ISSUED BY THE
DOCTOR AGATHA MONIZ, GYNAECOLOGIST, PVS MEMORIAL
HOSPITAL.
RESPONDENT'S ANNEXURES:-
ANNEXURE R1A COPY OF THE JUDGMENT DATED 31/07/2012 IN
O.P.NO.1561/2009 OF THE FAMILY COURT, ERNAKULAM.
ANNEXURE R1B COPY OF THE JUDGMENT DATED 04/07/2013 IN
MAT. APPEAL NO.29/2013 OF THE HONOURABLE
HIGH COURT OF KERALA.
ANNEXURE R1C COPY OF THE MEDICAL RECORDS RELATED TO MRD
NUMBER 116614 DATED 26/10/2009 FROM AMRITHA
INSTITUTE OF MEDICAL SCIENCES AND RESEARCH
CENTRE, KOCHI, KERALA.
ANNEXURE R1D COPY OF THE ORDER DATED 19/06/2010 IN MC. NO.62/2009.
BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
ERNAKULAM.
ANNEXURE R1E COPY OF THE FIR NO.639/2010 OF THRIKKAKARA POLICE
STATION DATED 08/04/2010.
//TRUE COPY//
P.S.TO JUDGE
rs.
K.ABRAHAM MATHEW, J.
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Crl.M.C No.2596 of 2013
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Dated this the 20th day of July, 2016
ORDER
Petitioners are the accused in C.C No.123 of 2011 on the file of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam. They are alleged to have committed offences under Sections 406 and 417 of the Indian Penal Code. The proceedings are sought to be quashed on the ground that the materials relied on by the prosecution do not disclose commission of the offences alleged against the petitioners.
2. Heard the learned counsel for the petitioners, counsel for the first respondent, and the learned Public Prosecutor.
3. Final report has already been filed. The Magistrate has taken cognizance of the offences. The next stage is hearing on framing charge. If the materials produced in support of the final report do not disclose commission of any offences, the remedy of Crl.M.C No.2596/2013 Page numbers the petitioners is to plead for discharge under Section 239 Cr.P.C. The jurisdiction under Section 482 Cr.P.C cannot be invoked.
In the result, this Crl.M.C is dismissed. The petitioners may plead for discharge before the learned Magistrate.
K.ABRAHAM Sd/-
MATHEW, JUDGE vdv/20/07/16