Kerala High Court
Nagamani .V vs State Of Kerala on 10 August, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
WEDNESDAY, THE 9TH DAY OF OCTOBER 2013/17TH ASWINA, 1935
Crl.MC.No. 4501 of 2013
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[C.C. NO.1611/2012 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,
THIRUVANANTHAPURAM,
CRIME NO. 874/2012 OF KARAMANA POLICE STATION,
THIRUVANANTHAPURAM]
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PETITIONERS/RESPONDENTS:
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1. NAGAMANI .V,
HINDU,AGED 72 YEARS,
RESIDING AT T.C 50/310, OTTATHERUVU,
KARAMANA P.O, THIRUVANANTHAPURAM- 695 002.
2. BHAGAVATHY LEKSHMI, AGED 64,
W/O.NAGAMANY,RESIDING AT TC 50/310, OTTATHERUVU,
KARAMANA P.O, THIRUVANANTHAPURAM- 695 002.
3. N.GANESAN, AGED 31 YEARS,
S/O.V.NAGAMANI, RESIDING AT T.C. 50/310, OTTATHERUVU,
KARAMANA P.O, THIRUVANANTHAPURAM- 695 002.
4. SANGEETHA SARMA, AGED 34 YEARS,
D/O.V.NAGAMANI, RESIDING AT T.C 50/310, OTTATHERUVU,
KARAMANA P.O, THIRUVANANTHAPURAM- 695 002.
5. GANESH SARMA, AGED 44 YEARS,
DAUGHTER IN LAW OF V.NAGAMANI,
RESIDING AT T.C 50/310, OTTATHERUVU, KARAMANA P.O,
THIRUVANANTHAPURAM- 695 002.
BY ADVS.SRI.M.RAMASWAMY PILLAI,
SMT.PREETHY R. NAIR.
RESPONDENTS/STATE & PETITIONERS 1 & 2 & 1ST RESPONDENT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031.
Prv.
CRL.M.C. NO.4501/2013:
2. THE SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION,
THIRUVANANTHAPURAM- 695 002.
3. ANURADHA MANIKANTAN,
W/O.MANIKANTAN, AGED 35,
RESIDING AT DOOR 13, MEGA APARTMENT,
BHARATHIYAR STREET,VALSARA VAKKAM , CHENNAI.
BY PUBLIC PROSECUTOR SMT. P. MAYA.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 09-10-2013, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Prv.
CRL.M.C. NO.4501/2013:
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE I: CERTIFIED COPY OF PRIVATE COMPLAINT AS
C.M.P. NO.6011/2011 DATED 10/8/2012 FILED BY THIRD
RESPONDENT BEFORE THE HONOURABLE JUDICIAL
FIRST CLASS MAGISTRATE COURT-1,
THIRUVANANTHAPURAM.
ANNEXURE II: COPY OF DHANANISCHAYAM DEED NO 1640/2010 ON 31/5/2010.
ANNEXURE III: COPY OF DHANANISCHAYAM DEED NO. 1641/2012
DATED 31/5/2010.
ANNEXURE IV: COPY OF THE F.I.R IN CRIME NO.874/2012 DATED 18/8/2012.
ANNEXURE V: COPY OF MAHAZAR-UN REPORT IN CRIME NO.874/12 OF
KARAMANA POLICE STATION.
ANNEXURE VI: COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST
PETITIONER IN THE INDIAN INSTITUTE OF DIABETES.
ANNEXURE VII: COPY OF THE REGISTRATION CERTIFICATE OF THE SECOND
PETITIONER IN THE INDIAN INSTITUTE OF DIABETES.
ANNEXURE VIII: COPY OF THE DISCHARGE CARD ISSUED BY THE CHELSO
HOSPITAL KARAMANA,THIRUVANANTHAPURAM.
ANNEXURE IX: COPY OF ONE OF SUCH LETTER TO PROVE THAT 3RD
RESPONDENT HAS AFFIXED HER SIGNATURE IN THE
DOCUMENT.
ANNEXURE X: COPY OF ORDER DATED 4/9/2013 IN CRL.MC NO.2129/2013.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
- - - -P.-BHAVADASAN,2013 - -
-Crl.M.C.--No.- - - - of- - - - - -
- - 4501 - - -J.- -
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Dated this the 9-th day of-October, 2013.
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ORDER
In this petition filed under Article 482 of the Code of Criminal Procedure, the relief sought for are as follows:
"This Honourable Court may be pleased to call for the records connected with the CMP No. 6011 of 2012 (CF 3011 of 2012) in Crime No. 874 of 2012 of Karamana Police Station, Thiruvananthapuram and quash all proceedings by acquitting petitioners 1 to 5 that they have not involved or committed any offence as alleged under Sections 416, 463, 464, 465, 468, 471 and 120B read with Section 34 of Indian Penal Code.
2. The petitioners, relying mainly on Annexure X which is an order in the Bail Application said to have been filed by the petitioners, contended that the dispute between the parties is more of a civil nature and no criminal proceedings will lie. Whatever that be, on the basis of the complaint laid, since cognizable offence appears to have been made out, the Crl.M.C.4501/2013. 2 police have to investigate and this Court may not interfere. On the materials available, it is not possible to quash the FIR.
This petition is accordingly dismissed.
P. BHAVADASAN, JUDGE sb.