Kerala High Court
Prathapachandran P vs State Of Kerala
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2013/15TH KARTHIKA, 1935
Crl.MC.No. 611 of 2013 ()
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AGAINST THE ORDER/JUDGMENT IN CC 333/2012 of ADDL.C.J.M.(E&O),ERNAKULAM
CRIME NO. 1546/2010 OF ERNAKULAM SOUTH POLICE STATION , ERNAKULAM
PETITIONER(S)/PETITIONERS/ACCUSED NO.1 O 6:
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1. PRATHAPACHANDRAN P.,
CODE NO.0465, SR. CHMN-MCG, U&M DEPARTMENT,
COCHIN SHIPYARD LTD., RESIDING AT GURUPREETHI,
PONNURUNNI NURSERY SCHOOL ROAD, VYTTILA P.O.,
KOCHI-682 019.
2. SOMARAJAN K.G.,
CODE NO.1643, DCM-EL, U&M DEPARTMENT,
COCHIN SHIPYARD LTD., RESIDING AT A-204,
SANTHI APARTMENT, LUIS LANE, KADAVANTHRA,
KOCHI-20.
3. PAUL C.PAULOSE,
CHEMBAKASERIYIL HOUSE, ST.MARTIN ROAD, PALARIVATTOM,
KOCHI-682 025.
4. C.J.VARGHESE,
CODE NO.2884, JCM-WF, HULL DEPARTMENT,
COCHIN SHIPYARD LTD., RESIDING AT NELLIMALA HOUSE,
27/224, KADAVANTHRA P.O., KOCHI-20.
5. MATHEW M.A.,
CODE NO.2589, JUNIOR CHARGE MAN-BA,
SHIP REPIR DEPARTMENT, COCHIN SHIPYARD LTD.,
RESIDING AT MADUKKMOOTTIL, CHILAVANNOOR SOUTH,
KADAVANTHRA P.O., KOCHI-20.
6. RAMACHANDRAN NAIR M.N.,
CODE NO.2155, TECHNICAL ASSISTANT ELECTRICAL,
U & M DEPARTMENT, COCHIN SHIPYARD LTD.,
RESIDING AT RAJANA, CHITHRA NAGAR, THEKKUMBHAGAM,
TRIPUNITHURA SOUTH, ERNAKULAM.
BY ADVS.SRI.V.V.ASOKAN
SRI.P.P.RAMACHANDRAN
SRI.VINEETH KOMALACHANDRAN
Crl.MC.No. 611 of 2013 ()
RESPONDENT/COMPLAINANT:
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1. STATE OF KERALA,
(SHO, TOWN SOUTH POLICE STATION)
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
ADDL.R2 AND R3 ARE IMPLEADED
R2.A M SASIDHARAN, S/O MADHAVAN,
AGED 64 YRS, SKPA - 26/396M,
HARIHARNAGAR, KONTHURUTHY,
THAVARA, PIN-682015
ADDL. R2 IMPLEADED AS PER ORDER DATED 11.02.2013 IN CRL.M.A. 1451/13
IN CRL.M.C. 611/13.
R3. C P XAVIER, CHIRAYATH VEETTIL,
CHERANALLOOR.
ADDL.R3 IMPLEADED AS PER ORDER DATED 11.02.2013IN CRL.M.A. 1296/13 IN
CRL.M.C. 611/13.
R1 BY PUBLIC PROSECUTOR SRI RAJESH VIJAYAN
RADDL.R-R2 BY ADV. SRI.M.P.PRAKASH
R3 BY ADV. SRI.P.VIJAYA BHANU (SR.)
R3 BY ADV. SRI.VIPIN NARAYAN
R3 BY ADV. SRI.M.REVIKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06-11-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 611 of 2013 ()
APPENDIX
PETITIONER(S) EXHIBITS
ANNEXURE A: TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CA
NO.189/2008 IN CP 18/1999 DATED 4.3.2008.
ANNEXURE B: TRUE COPY OF THE TERMS AND CONDITIONS OF THE SALE FIXED BY
THE SPECIAL OFFICER DATED NIL.
ANNEXURE C: TRUE COPY OF THE PROCEEDINGS RELATING TO THE OPENING OF
THE TENDERS DATED NIL.
ANNEXURE D: TRUE COPY OF THE COMPLAINT FILED BY SRI. C.P. XAVIER BEFORE
THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES),
ERNAKULAM DATED 20.9.2010.
ANNEXURE E: TRUE COPY OF THE FIR IN CRIME NO.1546 OF 2010 DATED 23.9.2010.
ANNEXURE F: TRUE COPY OF THE COMMON ORDER IN CRL.M.C.NOS.4761/2010 AND
4526/2010 DATED 28.2.2011.
ANNEXURE G: RUE COPY OF ORDER IN CRL.M.C.2504/2011 DATED 21.6.2012.
ANNEXURE H: TRUE COPY OF THE FINAL REPORT/CHARGE SHEET WITH ANNEXURE
FILED AGAINST THE PETITIONERS DATED 17.7.2012.
ANNEXURE I: TRUE COPY OF THE AGREEMENT FOR SALE DATED 7.4.2008.
ANNEXURE J: TRUE COPY OF THE NOTICE ISSUED BY THE SOCIETY TO
MR.K.P.VRGHESE DATED 1.10.2009.
ANNEXURE K: RUE COPY OF THE REPLY GIVEN BY MR. K.P.VARGHESE TO THE
SOCIETY DATED 23.11.2009.
ANNEXURE L: TRUE COPY OF THE CLAIM (ARC 24/2010) FILED BEFORE THE JOINT
REGISTRAR OF CO-OPERTIVE SOCIETIES (CENTRAL), ERNAKULAM DATED 17.2.2010.
ANNEXURE M: TRUE COPY OF THE WRITTEN STATEMENT IN ARC 24/2010 FILED BY
K.P.VARGHESE DATED 14.7.2010.
ANNEXURE N: TRUE COPY OF THE PROCEEDINGS OF THE REVENUE DIVISIONAL
OFFICER, FORT KOCHI DATED 10.5.2011.
RESPONDENTS' EXHIBITS : NIL
TRUE COPY
P.A TO JUDGE
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HARUN-UL-RASHID, J.
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Crl. M.C No.611 of 2013
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Dated this the 06th day of November, 2013.
O R D E R
Petitioners/accused Nos. 1 to 6 in C.C No. 333/2012 on the file of the Additional Chief Judicial Magistrate Court (Economic Offence), Ernakulam. The offence alleged are punishable under Sections 406, 409 and 420 read with 34 of IPC. The petitioners are employees of Cochin Shipyard. They were the office bearers of Cochin Shipyard Staff Co-operative House Constructions Society Limited, E 346. The Crl.M.C is filed seeking to quash Annexure-H charge sheet filed in C.C No. 333/32012.
2. The petitioners submits that even if all the allegations against the petitioners are accepted in the Court, the ingredients of the offences alleged are not made out or constituted. It is also submitted that the dispute is of civil nature and no criminal offences as defined under the Indian Penal Code are made out. It is also pointed out that the ARC proceedings are pending before the appropriate Forum for realisation of the alleged laws sustained by the Society. I have perused the materials produced.
The Crl.M.C is disposed of without prejudice to the right of the petitioners to submit the application for discharge Crl. M.C No.611 of 2013 2 in the event of the petitioners filing such an application within a period of fifteen days from today. The court below shall consider and dispose of the same within a period of three months thereafter. The personal appearance of the petitioners shall be dispensed with till the disposal of the discharge application. The learned Magistrate shall consider the matter and dispose of the same after affording opportunities to all the parties including the additional respondents 2 and 3 impleaded in the Crl.M.C. HARUN-UL-RASHID, JUDGE.
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