Kerala High Court
M.M. Ramachandran vs M.S.Lukoo on 28 October, 2020
Author: M.R.Anitha
Bench: M.R.Anitha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942
Crl.MC.No.4861 OF 2015
CRIME NO.764/2015 OF Palarivattom Police Station , Ernakulam
PETITIONERS/ACCUSED NOS. 1 TO 5:
1 M.M. RAMACHANDRAN,
AGED 74 YEARS,
S/O KAMALAKARA MENON,
MATHUKKARA MOOTHEDATH,
RAGAMALIGAPURAM,
KOTTAPPURAM ROAD,
M.G.ROAD, THRISSUR.
2 INDIRA RAMACHANDRAN,
AGED 62 YEARS,
W/O M.M.RAMACHANDRAN,
MATHUKKARA MOOTHEDATH,
RAGAMALIGAPURAM,
KOTTAPPURAM ROAD,
M.G.ROAD, THRISSUR.
3 HARIKRISHNAN G.,
AGED 45 YEARS,
GENERAL MANAGER,
ATLAS JEWELLERY PVT. LTD.,
CORPORATE OFFICE 35/561 ABC,
N.H.BYE-PASS ROAD, PADIVATTOM,
EDAPPALLY.
4 ATLAS JEWELLERY INDIA LIMITED,
REPRESENTED BY ITS CHAIRMAN,
M.M. RAMACHANDRAN,
MATHUKKARA MOOTHEDATH,
RAGAMALIGAPURAM, KOTTAPPURAM ROAD,
M.G.ROAD, THRISSUR.
5 ATLAS JEWELLERY PVT. LTD.,
CORPORATE OFFICE, 35/561 ABC,
N.H.BYE-PASS ROAD, PADIVATTOM,
EDAPPALLY,
M.M. RAMACHANDRAN,
MATHUKKARA MOOTHEDATH,
RAGAMALIGAPURAM,
KOTTAPPURAM ROAD,
Crl.MC.No.4861 OF 2015
2
M.G.ROAD,THRISSUR.
BY ADVS.
SRI.P.VIJAYA BHANU (SR.)
SRI.M.REVIKRISHNAN
SRI.VIPIN NARAYAN
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 M.S.LUKOO,
AGED 33 YEARS,
S/O M.R.SUGUNAN,
MADATHIPARAMBIL HOUSE,
KONGORPALLY PO, ALUVA,
ERNAKULAM.
2 STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.BABU KARUKAPADATH
R1 BY ADV. SRI.MITHUN BABY JOHN
R1 BY ADV. SRI.K.A.NOUSHAD
R1 BY ADV. SRI.J.RAMKUMAR
R1 BY ADV. SMT.M.A.VAHEEDA BABU
R1 BY ADV. SRI.P.U.VINOD KUMAR
R2 BY SRI. D. CHANDRASENAN SR. P.P.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
28.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4861 OF 2015
3
ORDER
Dated this the 28th day of October 2020 This Crl.M.C. has been filed under Section 482 Cr.P.C. The petitioners are accused Nos. 1 to 5 in Crime No.764/2015 of Palarivattom Police Station, for having allegedly committed offences punishable under Sections 420, 409, 465, 467, 471, 472 and Section 120B read with Section 34 of the I.P.C. The petitioners have approached this Court to quash the F.I.R. and all further proceedings in Crime No.764/2015 of Palarivattom Police Station.
2. Notice was issued by the learned Public Prosecutor. Heard both sides.
3. When the case came up for hearing, learned Public Prosecutor filed a report of Assistant Commissioner of Police, Ernakulam, along with a Refer Report, which shows that Crl.MC.No.4861 OF 2015 4 the case has been referred as mistake of fact.
4. The learned counsel for the petitioner submitted that the Crl.M.C. can be disposed of based on the refer report filed.
In view of the same, Crl.M.C. is disposed of, in the light of the Refer Report filed in Crime No.764/2015 of Palarivattom Police Station.
Sd/-
M.R. ANITHA JUDGE SSK/28/10 Crl.MC.No.4861 OF 2015 5 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE A TRUE COPY OF THE PRIVATE COMPLAINT PREFERRED BY THE 1ST RESPONDENT BEFORET THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS -IX , ERNAKULAM AGAINST THE ACCUSED.
ANNEXURE B TRUE COPY OF THE F.I.R IN CRIME NO.764/2015 OF PALARIVATTOM POLICE STATION, ERNAKULAM CITY.
RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE