Kerala High Court
Subair vs State Of Kerala on 25 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 2185 OF 2018 1
2024:KER:71425
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
CRL.MC NO. 2185 OF 2018
CRIME NO.43/2016 OF KARIPUR POLICE STATION, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.181 OF 2016 OF
DISTRICT COURT& SESSIONS COURT,MANJERI ARISING OUT OF THE
ORDER/JUDGMENT DATED IN CP NO.63 OF 2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONER/S:
SUBAIR
AGED 35 YEARS
AGED 35 YEARS, S/O.BAVUTTY, KARIPPAYIL HOUSE,
POYILISSERI P.O., B.P.ANGADI VIA, PARAYIL,
MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.VENUGOPAL (1086/92)
SRI.M.REVIKRISHNAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
SRI.RENJITH TR, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2185 OF 2018 2
2024:KER:71425
P.V.KUNHIKRISHNAN, J
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Crl.M.C. No. 2185 of 2018
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Dated this the 25th day of September, 2024
ORDER
This Criminal Miscellaneous case is filed to quash the proceedings in CP No.63/2017 on the file of the Judicial First Class Magistrate Court-I, Manjeri. It is a committal proceedings and the case is charge-sheeted alleging offences punishable under secs. 489B and 498C IPC.
2. The prosecution case is that the petitioner was coming from Sharjah in Air India Express flight on 03.02.2016 and he landed at Karipur Airport at 11.30 am. He was directed to remit a duty of Rs.6,000/- for bringing a TV from Sharjah. He remitted the amount at the SBT counter and there, it was noticed that six notes of thousand rupees denomination were counterfeit notes. The petitioner was arrested and was produced before the Jurisdictional Magistrate. The prosecution CRL.MC NO. 2185 OF 2018 3 2024:KER:71425 alleged that the accused by possessing the aforesaid counterfeit currency and by remitting the same at the SBT branch, Karipur Airport towards duty for bringing a TV from abroad, used as genuine and as such he committed the offences. Hence, it is alleged that the accused committed the offences.
3. Heard the learned counsel for the petitioner and the Public Prosecutor.
4. The counsel for the petitioner submitted that there is absolutely no evidence to show that the notes handed over by the petitioner to the bank are counterfeit notes. It is also submitted that he collected these notes from the Al-Ansari Exchange, UAE. He has got documents to show the same. The Public Prosecutor submitted that as per Annexure-C, the Al Ansari Exchange also admit that the counterfeit notes are handed over to the petitioner. The Public Prosecutor submitted that the authorities of Al-Ansari Exchange are also to be impleaded and this Court may not interfere with the trial court proceedings.
5. I think there is some force in the argument of CRL.MC NO. 2185 OF 2018 4 2024:KER:71425 the Public Prosecutor. These are matters of evidence. This Court cannot invoke the powers under Sec. 482 Cr.P.C to quash the proceedings, especially when the allegation is that there is possession of counterfeit notes. All the contentions raised by the petitioner in this Crl.M.C. are left open. The petitioner is free to surrender before the committal court. If the matter is committed, then the petitioner can file appropriate discharge petition before the jurisdictional court, in accordance with law.
With the above observation, this Criminal Miscellaneous Case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS CRL.MC NO. 2185 OF 2018 5 2024:KER:71425 APPENDIX OF CRL.MC 2185/2018 PETITIONER ANNEXURES ANNEXURE A- TRUE COPY OF THE RECEIPT DATED 02/02/2016 ISSUED BY AL-ANSARI EXCHANGE, U.A.E. EVIDENCING TRANSFER OF INDIAN RS.32,000/- TO THE ACCOUNT OF THE FEDERAL BANK LTD. TIRUR BRANCH BELONGING TO THE PETITIONER. ANNEXURE B- TRUE COPY OF THE RECEIPT DATED 02/02/2016 ISSUED BY AL-ANSARI EXCHANGE, U.A.E. EVIDENCING CASH PURCHASE OF INDIAN RS.6,000/- FOR SALE OF FOREIGN CURRENCY. ANNEXURE C- TRUE COPY OF THE CERTIFICATE ISSUED BY AL-
ANSARI EXCHANGE SERVICES SITUATED AT U.A.E. THROUGH ITS MANAGING DIRECTOR VOUCHING SAFE FOR THE TRANSACTIONS WHICH THE PETITIONER HAD WITH THEIR EXCHANGE SERVICES ON 02/02/2016.
ANNEXURE D- TRUE COPY OF THE F.I.R. IN CRIME NO.43/2016 OF KARIPUR POLICE STATION, MALAPPURAM DISTRICT ALONG WITH A TYPED COPY OF THE COMPLAINT OF THE DEPUTY MANAGER OF STATE BANK OF TRAVANCORE, CALICUT INTERNATIONAL AIRPORT BRANCH ON WHICH THE CRIME GOT REGISTERED.
ANNEXURE E- CERTIFIED COPY OF THE STATEMENT PURPORTEDLY GIVEN BY THE PETITIONER ON 03/02/2016.
ANNEXURE F- TRUE COPY OF THE REMAND APPLICATION PREFERRED IN THE INSTANT CRIME BY THE KARIPUR POLICE BEFORE THE JURISDICTIONAL MAGISTRATE ON 04/02/2016.
ANNEXURE G- TRUE COPY OF THE BAIL APPLICATION PREFERRED IN THE CRIME BEFORE THE COURT OF THE SESSIONS JUDGE, MANJERI.
ANNEXURE H- TRUE COPY OF THE ORDER GRANTING BAIL DATED CRL.MC NO. 2185 OF 2018 6 2024:KER:71425 12/02/2016 IN CRIMINAL M.C.NO.181 OF 2016 PASSED BY THE COURT OF THE SESSIONS JUDGE, MANJERI.
ANNEXURE I- TRUE COPY OF THE FINAL REPORT IN CRIME NO.43/2016 OF KARIPUR POLICE STATION, MALAPPURAM DISTRICT.
ANNEXURE J- TRUE COPY OF THE CERTIFICATE/COMMUNICATION ISSUED BY CW4 TO THE SUB INSPECTOR OF POLICE, KARIPUR POLICE STATION STATING THAT THE NOTES IN QUESTION ALLEGEDLY ARE FORGED/COUNTERFEIT.