P.V.Hariharan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 Crl.MC.No. 5868 of 2015 ----------------------------------- CRIME NO. 1190/2015 OF ADOOR POLICE STATION , PATHANAMTHITTA DISTRICT ---------------- PETITIONER(S)/ACCUSED :
---------------------------------------- P.V.HARIHARAN, AGED 54 YEARS, S/O.VASUDEVAN NAIR, PUTHUPARAMBIL HOUSE, VALLIKODU VILLAGE/MURI, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.K.S.SIVA KUMAR SRI.C.B.SREEKUMAR RESPONDENT(S)/COMPLAINANT :
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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031 (CRIME NO.1190 OF 2015 OF ADOOR POLICE STATION).
2. K.V.SUMANA, AGED 56 YEARS, D/O.P.K.THANKAMMA, REGIONAL OFFICER, KERALA REGIONAL OFFICE, COIR BOARD, RESIDING AT VEVANATTU PARAMBIL, ELAMKUNNAPPUZHA VILLAGE, ELAMKUNNAPPUZHA KARA, KOCHI TALUK, ERNAKULAM DISTRICT- 682 011.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 5868 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :
ANNEXURE A1:
TRUE COPY OF THE FIR IN CRIME NO.1190 OF 2015 OF ADOOR POLICE STATION DATED 04.06.2015.
ANNEXURE A2:
TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 03.02.2010.
ANNEXURE A3:
TRUE COPY OF THE LETTER BEARING NO.CB/R.O.T.V.M/2012-13/6/1 DATED 02.02.2015 ISSUED BY REGIONAL OFFICER(I.C.), ATTINGAL.
ANNEXURE A4:
TRUE COPY OF THE PROJECT REPORT.
ANNEXURE A5:
TRUE COPY OF THE ADVERTISEMENT APPEARED IN MALAYALA MANORAMA DAILY DATED 11.02.2015.
ANNEXURE A6:
TRUE COPY OF THE LETTER DATED 20.02.2015 ISSUED TO THE SOCIETY BY THE REGIONAL OFFICER, ATTINGAL. RESPONDENT(S)' ANNEXURES :
NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.5868 of 2015 ````````````````````````````````````````````````````````````` Dated this the 8th day of September, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioner is the accused in Crime No.1190/2015 of Adoor Police Station for the offence punishable under Section 420 read with Section 34 IPC. The allegation against the petitioner is that under the name of Bharat Service Society(BSS), he, with the intention of cheating the de facto complainant and others, gave an application to the Coir Board that they may be appointed as the nodal agency of Coir Board, and on 02.02.2015, the Coir Board appointed them as a non-governmental organisation. It is alleged that they gave wide advertisement in print and visual media and invited applications for certain posts and received an amount of ₹100/- from 6000 persons by way of registration fee. Even after the period of licence, he allegedly continued to do it and collected ₹40,000/- to ₹1 lakh each from various
Crl.M.C.5868/2015 : 2 :
job seekers. When there are serious allegations, the matter has to be investigated upon. The investigating officer is conducting the investigation presently.
2.
It is too premature at this stage to say whether there is any merit in the allegation or not. That has to be verified in the investigation and evidence has to be collected. Presently, by invoking the power under Section 482 Cr.P.C., this Court cannot go into the intrinsic particulars of the matter and the evidence collected. Therefore, this Crl.M.C. is too premature and is only to be dismissed. In the result, this Crl.M.C. is dismissed. It is open to the petitioner to move the appropriate forum at appropriate stage in case of any further grievance in the matter. Sd/- (B.KEMAL PASHA, JUDGE) aks/08/09 // True Copy // PA to Judge