Kerala High Court
Madhava Kurup vs State Of Kerala on 11 June, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
2025:KER:41041
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF JUNE 2025 / 21ST JYAISHTA, 1947
CRL.MC NO. 8386 OF 2018
CRIME NO.1049/2014 OF SASTHAMCOTTA POLICE STATION, KOLLAM
AGAINST CC NO.258 OF 2017 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, SASTHAMCOTTA, KOLLAM DISTRICT
PETITIONER/ACCUSED NO.2:
MADHAVA KURUP,
AGED 74 YEARS
S/O. GOVINDA KURUP, REVATHI, TC /50/2189 (2),
KUNNUMPURAM, POOJAPPURA, THIRUVANANTHAPURAM
BY ADV.
SRI.S.MOHAMMED AL RAFI
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031
2 BINU,
S/O. GEORGE, BINU BHAVAN, VALIYAPADAM MURIYIL,
PADINJARE KALLADA VILLAGE, VILANTHARA P.O.,
KOLLAM - 690 521
BY ADV.
SRI.E.C.BINEESH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.06.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C. NO.8386 OF 2018
2025:KER:41041
2
ORDER
This Crl.M.C. has been filed to quash the entire proceedings in C. C. No.258/2017 on the files of the Judicial First Class Magistrate Court, Sasthamcotta (for short, 'the trial court').
2. The petitioner is the 2nd accused. The offences alleged against him are under Sections 420, 406, 427, 504 and 506 read with 34 of the Indian Penal Code (IPC).
3. The prosecution case, in short, is that the petitioner along with the 1 st accused with intention to cheat the defacto complainant induced him to pay Rs.2,00,000/- promising that he would arrange a job for him at ISRO, Thiruvananthapuram and cheated the defacto complainant without arranging the job or returning the amount and thereby committed the offences.
4. I have heard Sri. S. Mohammed Al Rafi, the learned counsel for the petitioner and Sri. E. C. Bineesh, the learned Public Prosecutor. There is no appearance for the 2 nd respondent/defacto complainant. CRL.M.C. NO.8386 OF 2018 2025:KER:41041 3
5. The crime was registered based on a private complaint filed by the 2nd respondent before the trial court. The learned Magistrate forwarded the complaint to the police and the crime was registered as Crime No.1049/2014 of Sasthamcotta Police Station, Kollam. Annexure A is the private complaint and Annexure B is the final report. On going through Annexure A private complaint, there are clear avernments to attract the offences under Sections 420, 406, 427, 504 and 506 read with 34 of the IPC. It is settled that when a prima facie case is established, the jurisdiction vested with this Court under Section 482 of the Criminal Procedure Code cannot be invoked. Therefore, I am not inclined to allow the prayer sought to quash the proceedings in C.C. No.258/2017. However, considering the fact that the petitioner is now aged 80 years, the trial court is directed to exempt him from personal appearance. The petitioner shall appear before the trial court as and when directed.
The Crl.M.C. is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE BR CRL.M.C. NO.8386 OF 2018 2025:KER:41041 4 APPENDIX OF CRL.MC 8386/2018 PETITIONER'S ANNEXURES ANNEXURE A CERTIFIED COPY OF THE FIR ALONG WITH PRIVATE COMPLAINT IN CRIME NO. 1049/2014 OF SASTHAMCOTTA POLICE STATION ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1049/14 OF SASTHAMCOTTA POLICE STATION ANNEXURE C TRUE COPY OF THE COUNTER FOILS ISSUED BY THE STATE BANK OF INDIA RESPONDENTS' ANNEXURES: NIL