The Branch Manager, vs K.M.Johny,

Type Court Judgment Court Kerala Orders Decided Feb 25, 2022

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https://sooperkanoon.com/case/1449862

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Citation: sooperkanoon.com/1449862
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Feb 25, 2022
Case Number: Crl.MC/1118/2020

Parties & Advocates

Appellant / Petitioner

The Branch Manager,

Respondent

K.M.Johny,

Excerpt

.....294(b), 323, 387, 420, 406, 467, 471 and 506 of indian penal code. when this crl.m.c. came up for consideration, this court passed an order to the effect that the investigation can go on, but the final report shall not be filed without sanction of this court. now the learned public prosecutor pointed out that, the investigation has been completed and the final report is prepared but the same is not filed since sanction is required from this court.2. considering the fact that investigation is alreadycompleted it is only proper that the investigation agency is to be permitted to file final report and the petitioners can be granted liberty to challenge the same by invoking appropriate remedies including a petition under section 482 of cr.p.c. leaving open the aforesaid rights and without prejudice to their contention this crl.m.c. is closed. sd/- ziyad rahman a.a. judge scs appendix of crl.mc 1118/2020 petitioner annexures annexure i certified copy of the complaint dated 4.7.2019. annexure ii true copy of the order passed by the judicial first class magistrate court, chalakudy dated 4.7.2019. annexure iii certified copy of the first information report dated 5.7.2019. annexure iv true copy of the judgment passed by the debts recovery tribunal,pune in o.a.no.136/2002 dated 1.2.2005. annexure v true copy of the judgment passed by this hon'ble court in wpc.no.23597/2007 dated 20.6.2008. annexure vi true copy of the order passed by the recovery officer, debts recovery tribunal, pune dated 27.4.2019. annexure vii true copy of the decree passed by the debts recovery tribunal, pune in o.a.no.55/2005 dated 19.9.2005. annexure viii true copy of the recovery certificate issued by the debts recovery tribunal, pune in o.a.no.55/2005 dated 12.4.2013.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 25TH DAY OF FEBRUARY 2022 / 6TH PHALGUNA, 1943 CRIME NO.587/2019 OF Chalakkudy Police Station, Thrissur District CMP 6087/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, CHALAKUDY PETITIONER/ACCUSED 1 TO 4: 1 THE BRANCH MANAGER, CATHOLIC SYRIAN BANK (CSB), IRINJALAKUDA BRANCH, GROUND FLOOR, CATHEDRAL NORTH SHOPPING COMPLEX, CHALAKUDY, THRISSUR DISTRICT, PIN-680307. 2 THE GENERAL MANAGER, CATHOLIC SYRIAN BANK (CSB), THRISSUR HEAD OFFICE, CSB BHAVAN, P.B.NO.502, ST.MARYS COLLEGE ROAD, THRISSUR, PIN-680020. 3 THE CHAIRMAN, CATHOLIC SYRIAN BANK (CSB), THRISSUR HEAD OFFICE, CSB BHAVAN, P.B.NO.502, ST.MARYS COLLEGE ROAD, THRISSUR, PIN-680020. 4 THE MANAGER, CATHOLIC SYRIAN BANK (CSB), PUNE BRANCH, ARORA TOWERS, 75 STERLING, M.G.ROAD, CAMP PUNE, PIN-411 001. BY ADVS. R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT/DEFACTO COMPLAINANT: 1 K.M.JOHNY, AGED 75 YEARS, S/O.MATHAI KALLUVEETTIL, SHERLY NIVAS, NEAR VYAPARI BHAVAN, PERIYARAM(P.O.), CHALAKUDY, THRISSUR DISTRICT, PIN-680721. 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. BY ADVS. SRI.S.RAJEEV SRI.SUDHEER GOPALAKRISHNAN - SR.PUBLIC PROSECUTOR SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This Crl.M.C. is filed by the petitioners herein challenging Annexure III First Information Report in Crime No.587/2019 of Chalakudy Police Station. The aforesaid crime was registered against the petitioners herein for the offences punishable under Sections 294(b), 323, 387, 420, 406, 467, 471 and 506 of Indian Penal Code. When this Crl.M.C. came up for consideration, this Court passed an order to the effect that the investigation can go on, but the final report shall not be filed without sanction of this Court. Now the learned Public Prosecutor pointed out that, the investigation has been completed and the final report is prepared but the same is not filed since sanction is required from this Court.

2. Considering the fact that investigation is already

completed it is only proper that the investigation agency is to be permitted to file final report and the petitioners can be granted liberty to challenge the same by invoking appropriate remedies including a petition under Section 482 of Cr.P.C. Leaving open the aforesaid rights and without prejudice to their contention this Crl.M.C. is closed. Sd/- ZIYAD RAHMAN A.A. JUDGE SCS APPENDIX OF CRL.MC 1118/2020 PETITIONER ANNEXURES ANNEXURE I CERTIFIED COPY OF THE COMPLAINT DATED 4.7.2019. ANNEXURE II TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY DATED 4.7.2019. ANNEXURE III CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 5.7.2019. ANNEXURE IV TRUE COPY OF THE JUDGMENT PASSED BY THE DEBTS RECOVERY TRIBUNAL,PUNE IN O.A.NO.136/2002 DATED 1.2.2005. ANNEXURE V TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC.NO.23597/2007 DATED 20.6.2008. ANNEXURE VI TRUE COPY OF THE ORDER PASSED BY THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, PUNE DATED 27.4.2019. ANNEXURE VII TRUE COPY OF THE DECREE PASSED BY THE DEBTS RECOVERY TRIBUNAL, PUNE IN O.A.NO.55/2005 DATED 19.9.2005. ANNEXURE VIII TRUE COPY OF THE RECOVERY CERTIFICATE ISSUED BY THE DEBTS RECOVERY TRIBUNAL, PUNE IN O.A.NO.55/2005 DATED 12.4.2013.

Same Court & Year Kerala Orders · 2022 Same Parties The Branch Manager, vs K.M.Johny, Same Judge Honourable Mr.Justice Ziyad Rahman a.a.