Binoy vs the State of Kerala

BINOY vs The State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 23, 2021

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https://sooperkanoon.com/case/1626299

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Citation: sooperkanoon.com/1626299
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Feb 23, 2021
Case Number: Crl.MC/2294/2019

Parties & Advocates

Appellant / Petitioner

BINOY

Respondent

The State of Kerala

Excerpt

.....(sasthamangalam) r1 by public prosecutor sri. ramesh chandthis criminal misc. case having been finally heard on 23.02.2021, the court on the same day passed the following: crl.m.c.no.2294 of 2019 2orderthe sole accused came up against the crime registered and the final report submitted for the offence under sections 408, 418 and 420 ipc. it is in connection with the supply of 3500 cctv camera on the basis of purchase order placed by the defacto complainant to the supplier company who submitted thelowest quotation in that behalf at the rate of rs.15,000/- per camera. later on it was revealed that the price of the camera would come to less than rs.5,000/- and the manager, electronic security division, who is the accused herein had made false proposal and representation before the competentofficers under the company so as to get huge amount by way of commission and thereby obtained illegal enrichment by causing heavy damages to the company. the final report submitted prima facie would attract theoffence alleged. as such, there is no reason for crl.m.c.no.2294 of 2019 3 interfering with the final report under section 482 cr.p.c. crl.m.c. is hence dismissed. sd/- p.somarajan judge dmr/- crl.m.c.no.2294 of 2019 4 appendix petitioner's annexures: annexure-i a true copy of first information report dated 12/10/2016 in crime no.1506 of 2016 of valappad police station annexure-ii a true copy of charge sheet submitted in crime no.1506 of 2016 of valappad police station dated 20/12/2016 respondents' annexure: nil // true copy // p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942 Crl.MC.No.2294 OF 2019(F) CC 297/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR CRIME NO.1506/2017 OF VALAPPAD POLICE STATION, THRISSUR PETITIONER/SOLE ACCUSED: BINOY, AGED 36 YEARS, S/o SANKURU, NJATTUVETTY HOUSE, KALLETTUMKARA P.O., CHALAKUDY TALUK, THRISSUR DISTRICT BY ADV. SRI.N.L.BITTO RESPONDENTS/STATE OF KERALA:
1 THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031 2 MANAPPURAM FINANCE LTD., VALAPPAD BRANCH, KODUNGALLORE TALUK, THRISSUR DISTRICT, REP. BY ASSI.MANAGER (SECURITY DIVISION), MOTHIRAM, AGED 43, S/o NAGARAJ, NO.5, SREE GOKULAM FLAT, VINAYAKAPURAM, CHENNAI, TAMIL NADU-600 003 R2 BY ADV. SRI.R.BINDU (SASTHAMANGALAM) R1 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.2294 of 2019 2

ORDER

The sole accused came up against the crime registered and the final report submitted for the offence under Sections 408, 418 and 420 IPC. It is in connection with the supply of 3500 CCTV camera on the basis of purchase order placed by the defacto complainant to the supplier company who submitted the

lowest       quotation          in     that       behalf     at     the       rate     of
Rs.15,000/- per camera.                  Later on it was revealed that
the   price        of     the    camera          would     come    to     less       than
Rs.5,000/-          and       the      Manager,           Electronic          Security
Division,         who    is     the    accused       herein       had    made     false
proposal         and      representation             before        the        competent

officers under the company so as to get huge amount by way of commission and thereby obtained illegal enrichment by causing heavy damages to the company. The final report submitted prima facie would attract the

offence alleged. As such, there is no reason for Crl.M.C.No.2294 of 2019 3 interfering with the final report under Section 482 Cr.P.C. Crl.M.C. is hence dismissed. Sd/- P.SOMARAJAN JUDGE DMR/- Crl.M.C.No.2294 of 2019 4 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I A TRUE COPY OF FIRST INFORMATION REPORT DATED 12/10/2016 IN CRIME NO.1506 OF 2016 OF VALAPPAD POLICE STATION ANNEXURE-II A TRUE COPY OF CHARGE SHEET SUBMITTED IN CRIME NO.1506 OF 2016 OF VALAPPAD POLICE STATION DATED 20/12/2016 RESPONDENTS' ANNEXURE: NIL // TRUE COPY // P.A. TO JUDGE

Same Court & Year Kerala Orders · 2021 Same Parties BINOY vs The State of Kerala Same Judge Honourable Mr. Justice P.Somarajan