IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941
Crl.MC.No.5389 OF 2015
CC NO.1148/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PERAMBRA
PETITIONER/ACCUSED:
SREEKANTH
AGED 36 YEARS
S/O.SREEDHARAN NAIR, VETTANKARANKANDI, NANMANDA,
KOZHIKODE
BY ADVS.
SRI.A.RAJASIMHAN
SHRI.K.NIRMALAN
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM
ADDL.R2 IMPLEADED
ADDL.R2 SUNIL DUTT, NO.46/14,S/O SREEDHARAN NAIR
GOKULAM HOUSE, MITHALE VEETIL, VATTOLI BAZAR,
KOZHIKODE
IS IMPLEADED AS ADDL.2ND RESPONDENT AS PER ORDER
DATED 17.01.2017 IN CRL.M.A. NO. 2028/2016 IN
CRL.M.C.5389/2015.
R1 SRI E C BINEESH-PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
09.10.2019, THE COURT ON 23.10.2019 PASSED THE FOLLOWING:
Crl.MC.No.5389 OF 2015
2
R.NARAYANA PISHARADI, J
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Crl.M.C.No.5389 of 2015
———————————————–
Dated this the 23rd day of October, 2019
ORDER
This petition is filed under Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter referred to as ‘the Code’) for quashing
Annexure-A2 final report filed against the petitioner in Crime
No.353/2014 of Balussery police station.
2. According to the prosecution case, the de facto complainant
was the Managing Director and the petitioner/accused was the
Director of the company by name “S.P.Vyshnava Chits Private Limited”.
It is alleged that the petitioner had removed from the company the
documents relating to the chitties and other financial transactions
conducted by the company and kept them by himself and thereby
committed the offences of criminal breach of trust and cheating
punishable under Sections 406 and 417 I.P.C.
3. Heard learned counsel for the parties and the learned Public
Prosecutor. Perused the records.
4. Learned counsel for the petitioner contended that, even if the
Crl.MC.No.5389 OF 2015
3
entire allegations against the petitioner in the final report are accepted
as true, the offences alleged against him are not attracted.
5. On a perusal of Annexure-A2 final report and the other
materials produced, it is doubtful whether the allegation raised against
the petitioner would attract the offence punishable under Section 417
I.P.C. However, it is not the position in respect of the offence
punishable under Section 406 I.P.C. A document is a “movable
property” within the meaning of Section 22 I.P.C (See Birla
Corporation Limited v. Adventz Investments and Holdings
Limited : AIR 2019 SC 2390). Therefore, documents can be the
subject matter of the offence of criminal breach of trust. Whether the
documents of the company were entrusted with the petitioner and
whether he had used those documents for his own benefit are matters
which cannot be decided in a petition under Section 482 of the Code.
A detailed discussion about the acceptability of the allegations or the
credibility of the materials collected by the investigating officer is not
warranted. Suffice it to say that, on an anxious consideration of all the
relevant inputs, I am not persuaded to invoke the power of this Court
under Section 482 of the Code in favour of the petitioner now. Learned
counsel for the petitioner submitted that charge against the petitioner
has not yet been framed by the court below. Then, it is a fit case in
Crl.MC.No.5389 OF 2015
4
which the petitioner must be relegated to invoke the ordinary
provisions of the Code to claim premature termination of the
proceedings against him.
6. In the result, the petition is dismissed. It is made clear that
this Court has not expressed any opinion on the merits of the claim of
the petitioner for discharge at the stage of Section 239 of the Code.
Sd/-R.NARAYANA PISHARADI, JUDGE
jsr
Crl.MC.No.5389 OF 2015
5
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE P1 ANNEXURE AI:CERTIFIED COPY OF THE FIR
NO.353/2014 OF BALUSSERY POLICE STATION
ANNEXURE P2 ANNEXURE A2:CETIFIED COPY OF THE FINAL
REPORT IN CC.NO.1148/2014 OF JFCM, ERAMBRA
ANNEXURE P3 ANNEXURE A3:CERTIFIED COPY OF THE REPORT
DT. 09.07.2014
ANNEXURE P4 ANNEXURE A4:TRUE COPY OF THE COMPLAINT DT.
08.03.2014
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
