Francis T.Chacko v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Crl.MC.No. 2019 of 2015 --------------------------- ST 3712/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA. CRIME NO. 129/2015 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM. ............

PETITIONER/ACCUSED:

---------------------------------- FRANCIS T.CHACKO, S/O.T.J.CHACKO, AGED 53 YEARS, VILLA NO.2, SOWPARNIKA GARDENS, TRIPUNITHURA, ERNAKULAM DISTRICT.

BY ADV. SRI.T.MADHU RESPONDENT(S)/STATE:

-------------------------------------

1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, CENTRAL POLICE STATION, ERNAKULAM DISTRICT.

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. T.K.SAJEEVAN, PROPRIETOR, M/S. SPAN TRAVELS, HIMAS COMPLEX, COMBARA JUNCTION, KOCHI - 682 018, RESIDING AT DEEVARPURAM, K.B NIVAS, PACHALAM P.O, KOCHI - 682 012.

R1 BY PUBLIC PROSECUTOR SRI.GITHESH.R THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2019 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------- ANNEXURE A1.

THE TRUE COPY OF THE COMPLAINT DATED 14.8.12 IN ST 3712/12 ON THE FILE OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT 1, ALAPPUZHA.

ANNEXURE A2.

THE TRUE COPY OF THE PLAINT IN OS 561/12 ON THE FILES OF THE SUBORDINATE JUDGE'S COURT, ERNAKULAM.

ANNEXURE A3.

THE TRUE COPY OF THE JUDGMENT DATED 15.11.14 IN OS 561/12 ON THE FILES OF THE SUBORDINATE JUDGES COURT, ERNAKULAM.

ANNEXURE A4.

THE TRUE COPY OF THE FIR IN CRIME NUMBER 129/15 OF CENTRAL POLICE STATION, ERNAKULAM.

ANNEXURE A5.

THE TRUE COPY OF THE ORDER DATED 27.2.15 IN BA 1060/15 ON THE FILES OF THIS HONOURABLE COURT.

RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 2019 of 2015 ================== Dated this the 7th day of July, 2015

O R D E R

The prayer in this Crl.M.C. is as follows:

"...... to quash Annexure A4 FIR and all further proceedings pursuant to it in Crime No.129/2015 of Central Police Station, Ernakulam District as against the petitioner, so as to secure the ends of justice."

2.

Now the 1st respondent Station House Officer, Central Police Station, Ernakulam, has filed a statement dated 31.3.2015, in which, inter alia, it is stated in the last para thereof as follows: "It is respectfully submits (sic) that the Investigating Officer conducted a fruitful investigation and it is revealed that the respondent made only financial transaction with the petitioner. So the case has been final (sic) reported as Civil Nature on 18.03.2015. There was Civil case at Ernakulam Sub Court as O.S.No.561/2012 and 138 N.I. Act case at the Hon'ble Judicial First Class Magistrate Court-I, Alappuzha as S.T.3712/12 against the 2nd respondent." 3.

In the light of this submission made the 1st respondent investigating officer, this Crl.M.C. is closed recording the aforestated submission made on behalf of the Station House Officer. Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge

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