Kerala High Court
Suku.S vs Sub Inspector Of Police on 28 September, 2012
Author: S.S.Satheesachandran
Bench: S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
FRIDAY, THE 28TH DAY OF SEPTEMBER 2012/6TH ASWINA 1934
Crl.MC.No. 2592 of 2012 ()
-------------------------------------
CRIME NO.65/2012 OF ARIYANCODE POLICE STATION.
.....
PETITIONER(S)/ACCUSED 1 AND 2:
----------------------------------------------------
1. SUKU.S.
S/O. STEPHEN, SUKUBHAVAN, KAITHAKONAM
KORAMKODE, KOTTAKKAL.P.O, THIRUVANANTHAPURAM.
2. GOPAKUMAR
S/O. SATHYANESAN, PULANNKUDIPLAVATHU PUTHENVEEDU
CHEMBOOR, OTTASEKHARAMANGALAM.P.O
THIRUVANANTHAPURAM.
BY ADVS.DR.S.GOPAKUMARAN NAIR (SR.)
SRI.A.RAJASIMHAN
SRI.M.CHANDRA BOSE
SRI.R.GOPAN
RESPONDENT(S):
---------------------------
SUB INSPECTOR OF POLICE
ARIYANCODE POLICE STATION, THIRUVANANTHAPURAM
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
*ADDL.R2 TO R4 IMPLEADED.
2. WILIAM, S/O.DHASSAYYAN NADAR,
AGED 47 YEARS. ATHUKARAVILA, PUTHEN VEEDU,
CHEMBOOR, OTTASEKHARAMANGALAM P.O. PIN 695 125.
3. SANTHOSH, S/O.PURUSHOTHAMAN,
AYANIYARATHALA, THOTTARIKATHUVEEDU,
KALAYI , OTTASEKHARAMANGALAM P.O., PIN 695 125.
CRMC. NIO.2592/2012
4. MANOHARAN, S/O.DHASSAYYAN NADAR,
AGED 47 YEARS, ATHUKARAVILA PUTHEN VEEDU,
CHEMBOOR, OTTASEKHARAMANGALAM P.O.,
PIN 695 125.
ADDL. R2 TO R4 ARE IMPLEADED AS PER ORDER DET. 7.9.2012 IN CRL.MA.
5575/2012 IN CRL.M.C. 2592.
BY ADRI.K.I.ABDUL RASHEED ,ADDL. DIRECTOR GENERAL PROSECUTION.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 28-09-2012, ALONG WITH CRMC. 2593/2012, CRMC. 2594/2012,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
CRMC. NO.2592/2012
APPENDIX
PETITIONER'S ANNEXURES:-
A1:- CERTIFIED COPY OF THE FIR IN CRL.MA NO.65/2012 F ARIYANCODE POLICE
STATION.
A2:- COPY OF THE LICENSE .
RESPONDENT'S EXHIBITS:-
R2(a):- COPY OF THE RELEVANT PAGES OF THE PASSBOOK OF THE IST PETITIONER.
R2(b):- COPY OF THE RELEVANT PAGES OF THE PASS BOOK OF THE 2ND PETITIONER.
R2(c):- COPY OF THE RELEVANT PAGES OF THE PASSBOOK OF THE 3RD PETITIONER.
R2(d):- COPY OF THE RELEVANT PAGES OF THE PASSBOOK OF THE 3RD PETITIONERS
WIFE.
R2(e):- COPY OF THE BROCHRUE OF SANUJA GROUP OF COMPANY.
R2(f):- COPY OF RELEVANT PORTION THE FIR NO.339/2012 DTD. 7.7.2012 PREPARED BY
THE ARIYANCODE POLICE STATION.
//TRUE COPY//
P.S. TO JUDGE
tss
S.S.SATHEESACHANDRAN, J.
-----------------------------------------------
Crl.M.C.Nos.2592, 2593 & 2594 of 2012
-----------------------------------------------
Dated this the 28th day of September, 2012
O R D E R
The above three petitions have been filed to quash the criminal proceedings in three crime cases, all of them registered at Aryancode Police Station. Crl.M.C.No.2592 and 2594 of 2012 are filed by common petitioners, two in number, and Crl.M.C.No.2593 of 2012 is filed by one among them. Though the crimes against them are separately registered after hearing the counsel and also taking note of the facts and circumstances involved as common issues are canvassed, the petitions are disposed together.
2. Sub Inspector of Police, Aryancode Police Station, getting information that one Cr.M.C.Nos.2592, 2593 & 2594 of 2012 :: 2 ::
Gopakumar was conducting chitty business unauthorisedly carried out a raid in his residential house and from there seized certain incriminating materials including a passport. The aforesaid Gopakumar was arrested and crime No.64 of 2012 was registered against him for the offence under Section 17 of the Kerala Money Lenders' Act 1958 and Section 420 of the Indian Penal Code {for short "the IPC"}. To quash the criminal proceedings of that case the aforesaid Gopakumar has filed Crl.M.C.No.2593 of 2012. During the investigation of the above crime, two more crimes were registered against the said Gopakumar and another, both such cases for offences punishable under Section 2(c) read with Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 {for short "Prize Chits Act"} and Section 420 read with Section 34 of the IPC. Crl.M.C.Nos.2592 and 2594 of 2012 are filed jointly Cr.M.C.Nos.2592, 2593 & 2594 of 2012 :: 3 ::
by the accused persons in the aforesaid crimes to quash the proceedings against them in such cases. In all the three petitions, some interested parties, who are stated to have been cheated and defrauded by the criminal activities of the petitioners, have moved separate application for impleading them as additional respondents, to have an opportunity for being heard in the matter. Those petitions having been allowed, such parties have been made as additional respondents 2 to 4 in the respective petition.
3. Learned Senior Counsel appearing for the petitioners contended that the allegations raised against the petitioner/s in the crime cases covered by the Crl.M.Cs do not make out a case to proceed against them for any of the offences imputed in the FIR in the respective crime. In one crime, petitioner in Crl.M.C.No.2593 of 2012 is proceeded as the sole accused on the allegation Cr.M.C.Nos.2592, 2593 & 2594 of 2012 :: 4 ::
that he conducted some chitty business. In the other two crimes, both petitioners in the other two petitions, Crl.M.C.No.2592 and 2594 of 2012, are proceeded jointly as accused for carrying out financial business providing loans collecting pledges of gold ornaments. Carrying financial operation of extending loans receiving gold ornaments pledged would not give rise to any of the offences under the Prize Chits Act, is the submission of the Senior Counsel, adverting to the relevant provisions of that Act. Continuation of the criminal proceedings against the petitioners in all the three Crl.M.Cs are nothing but an abuse of the process of the court, is the further submission of the counsel to seek quashing of the criminal proceedings against them.
4. Learned Public Prosecutor submitted that in the two crime cases covered by Crl.M.C.No.2592 and 2594 of 2012 at the time of Cr.M.C.Nos.2592, 2593 & 2594 of 2012 :: 5 ::
registration of the respective FIR wrong penal provisions under the Prize Chits Act were incorporated; but, later, in the course of investigation in both cases, reports have been filed for correcting such offences under the Money Lenders' Act. Now investigation is proceeding in those cases only for the offence under the Money Lenders' Act. A wrong penal provision was quoted at the time of registration of the crime will not entitle the petitioners to seek quashing of the criminal proceedings, is the further submission of the Public Prosecutor. Adverting to the facts of the cases, it is contended that the petitioner in Crl.M.C.No.2593 of 2012 carried prize chitties with false promises in violation of the Prize Chits Act, and after a crime was registered against him, it was found that in association with another, he operated financial business in violation of the Money Lenders' Act. So, two more crimes were Cr.M.C.Nos.2592, 2593 & 2594 of 2012 :: 6 ::
registered against him and his associate, common petitioners in the two petitions, Crl.M.C.No.2592 and 2594 of 2012. The investigation of those crimes are also now continuing. The materials collected in the investigation have revealed involvement of the accused persons in the offences imputed, is the submission of the learned Public Prosecutor, to oppose the petitions moved for quashing the proceedings against them.
5. Learned counsel for additional respondents 2 to 4 in all these petitions, adverting to the documents produced by them in the petitions, contended that these petitioners were carrying on various prize chitties in violation of the Prize Chits Act and they have defrauded substantial sum from the additional respondents and others duping them with false promises, and such operations were carried by Cr.M.C.Nos.2592, 2593 & 2594 of 2012 :: 7 ::
the accused persons in violation of the Prize Chits Act.
6. After hearing the counsel on both sides and also Public Prosecutor, and looking into the materials produced, more particularly those tendered by additional respondents 2 to 4 showing the magnitude of the business operations carried out by the petitioners, which would, prima facie, indicate that such operations have been carried out in violation of the Prize Chits Act, I find, there is no merit in the challenges mooted by the petitioners to assail the criminal proceedings against them. A wrong provision was quoted in the FIR when the crime was registered needless to state would not enable the accused persons to seek quashing of the proceedings when the investigation of the crime revealed of their culpability for some other offence demanding Cr.M.C.Nos.2592, 2593 & 2594 of 2012 :: 8 ::
further proceedings thereof. Whatever defences available to the petitioners, no doubt, can be canvassed by them in case any indictment is levelled after completion of the investigation of the crimes and trial for such offence is proceeded against them before the court. On the facts and circumstances presented in the case, I find, the cases in hand do not call for invoking the inherent powers of this court under Section 482 of the Code to quash the criminal proceedings against the petitioners.
Petitions are dismissed.
Sd/-
(S.S.SATHEESACHANDRAN) JUDGE sk/-
//true copy//