Kerala High Court
Sajeev P.S vs State Of Kerala on 8 February, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
Crl.MC.No. 4485 of 2015
C.C.NO. 4094/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, TRIVANDRUM
----------
PETITIONER(S)/3RD ACCUSED :
SAJEEV P.S.,
S/O.SASIDHARAN NAIR, AGED 32 YEARS,
SAJEEV BHAVAN, VARUVILA, ERAPPUKUZHY, KUDAPPANAKUNNU,
TRIVANDRUM, WORKING AS SENIOR ACCOUNTS EXECUTIVE,
MUTHOOT VEHICLE & ASSET FINANCE LTD.,
BRANCH OFFICE, PATTOM, TRIVANDRUM.
BY ADV.SRI.S.NIDHEESH
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. SIBU,
S/O.CHELLAPPAN, CHINNOOSE, THEVAROLIL HOUSE,
MUTHOLI P.O, PALA, KOTTAYAM-686 597.
R1 BY SR.PUBLIC PROSECUTOR SRI.JAYASURYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 02-03-2018, ALONG WITH Crl.MC.No. 6151 OF 2016, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
05/03/2018
Crl.MC.No. 4485 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE I: TRUE COPY OF THE F.I.R IN CRIME NO. 167/13 OF FORT POLICE
STATION.
ANNEXURE II: TRUE COPY OF COMPLAINT DATED 08/02/2012.
ANNEXURE III: TRUE COPY OF THE LETTER DATED 08/02/2012.
ANNEXURE IV: TRUE COPY OF FORM 35.
ANNEXURE V: TRUE COPY OF OBJECTION DATED 14/02/2012.
ANNEXURE VI: TRUE COPY OF COMPLAINT FILED BEFORE THE S.I OF MUSEUM
POLICE STATION DATED 14/02/2012.
ANNEXURE VII: TRUE COPY OF LETTER OF THE R.T.O DATED 24/02/2012.
ANNEXURE VIII: TRUE COPY OF R.C OF THE VEHICLE KL 01-AT-1630.
ANNEXURE IX: TRUE COPY OF R.C OF THE VEHICLE HAVING REG NO.KL-24-1367.
ANNEXURE X: TRUE COPY OF REPORT SUBMITTED BY THE S.P INVESTIGATING
AGENCY, KERALA LOK AYUKTA, TRIVANDRUM DATED 15/02/2013.
ANNEXURE XI: CERTIFIED COPY OF FINAL REPORT IN C.C.NO. 4094/13 ON
THE FILE OF JFCM II, THIRUVANANTHAPURAM.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
05/03/2018
B.KEMAL PASHA, J.
------------------------------------------------------
Crl.M.C.Nos.4485 of 2015 & 6151 of 2016
------------------------------------------------------
Dated this the 02nd day of March, 2018
ORDER
Crl.M.C.No.4485/2015 is filed by the 3rd accused in C.C.No.4094/2013 of the Judicial First Class Magistrate's Court-II, Thiruvananthapuram, based on Annexure-XI final report in Crime No.167/2013 of the Fort Police Station, Thiruvananthapuram District, for the offences under Sections 420, 464, 468 and 120(B) read with Section 34 of the IPC. The said petitioner was working as Senior Accounts Executive of M/s.Muthoot Vehicle Assets and Finance Ltd. at its Branch office at Pattom, Thiruvananthapuram. The petitioner in Crl.M.C.No.6151 of 2016 is the 2nd accused in the said case.
2. The 2nd accused was the registered owner of tempo traveller bearing registration No.KL-24/1367. It is alleged that the 1st accused conspired with the 3 rd accused and forged a document showing the lifting of hypothecation arrangement of the vehicle with the Muthoot Vehicle Assets and Finance Ltd., on the basis of which the endorsement of hypothecation was caused to be removed through the RTO Office from the R.C. Book. It is alleged that thereafter the 1 st accused sold the said Crl.M.C.Nos.4485 of 2015 & 6151 of 2016 2 vehicle to the de facto complainant thereby all the accused have committed the aforesaid offences.
3. It has come out that the petitioner in Crl.M.C.No.4485/2015 was not instrumental in forging any such document. In fact, such a document was forged by the 1st accused and he got the endorsement of hypothecation lifted from the R.C.Book. On coming to know about it, the petitioner filed Annexure-VI complaint before the police. Over and above it, he filed complaints before the R.T.O. Consequently, the R.T.O. became aware of the malpractice committed in the matter, and again incorporated the endorsement of hypothecation in the R.C.Book. Accused No.1 had approached the Lok Ayuktha with a complaint against the Branch Manager of the Muthoot Vehicle Assets and Finance Ltd. and also the R.T.O., Fort P.O., Thiruvananthapuram alleging that malpractices were committed by them by misusing their official position and unnecessarily hypothecation endorsement was incorporated in the R.C.Book.
4. The matter was dealt with in detail by the Lok Ayuktha and Annexure-X detailed order was passed in which it Crl.M.C.Nos.4485 of 2015 & 6151 of 2016 3 was recommended that no actions should be initiated against respondents 1 and 2 and it was further recommended for actions against the police in not conducting any enquiry in the complaint filed by the petitioner herein. Action was also recommended against the Sub Inspector of Police, Fort Police Station, for not conducting proper investigation in Crime No.243/2012.
5. It has clearly come out that the letter showing discharge of liability furnished at the R.T.O. Office for lifting the endorsement of hypothecation was a forged one. When the petitioner herein who is the 3rd accused was instrumental in bringing out the matter and getting the endorsement again incorporated in the R.C.Book, it cannot be said that the 3 rd accused had committed any conspiracy at all. Unnecessarily the petitioner in Crl.M.C.No.4485/2015 has been falsely implicated and arraigned as the 3rd accused in the case.
6. Regarding the 2nd accused, who is the petitioner in Crl.M.C.No.6151/2016 also, there is no allegation that he had forged any document. The sale of the vehicle was carried out by accused No.1 while the 2nd accused was abroad. Matters Crl.M.C.Nos.4485 of 2015 & 6151 of 2016 4 being so, all further proceedings in C.C.No.4094/2013 of the Judicial First Class Magistrate's Court-II, Thiruvananthapuram, as against these petitioners, are liable to be quashed.
In the result, these Crl.M.Cs. are allowed and all further proceedings in C.C.No.4094/2013 of the Judicial First Class Magistrate's Court-II, Thiruvananthapuram, as against these petitioners, are quashed.
Sd/-
B.KEMAL PASHA, JUDGE skj True copy P.A. to Judge