Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946 CRL.MC NO. 5064 OF 2024 CRIME NO.351/2024 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA PETITIONERS/ACCUSED NOS. 1 TO 4:
1 N.M RAJU AGED 64 YEARS S/O GEORGE, NEDUMPARAMBIL GARDENS, THIRUVALLA P.O., PATHANAMTHITTA DISTRICT, PIN – 689101 2 GRACE RAJU AGED 54 YEARS W/O N.M RAJU, NEDUMPARAMBIL GARDENS, THIRUVALLA P.O., PATHANAMTHITTA DISTRICT., PIN – 689101 3 ALLAN AGED 33 YEARS S/O N.M RAJU, NEDUMPARAMBIL GARDENS, THIRUVALLA P.O., PATHANAMTHITTA DISTRICT., PIN – 689101 4 ANSON AGED 31 YEARS S/O N.M RAJU, NEDUMPARAMBIL GARDENS, THIRUVALLA P.O., PATHANAMTHITTA DISTRICT PIN – 689101, BY ADVS.
JAI GEORGE DAISY A.PHILIPOSE RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031
-:2:- 2 STATION HOUSE OFFICER VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT, PIN – 690503 3 JYOTHI CHERIAN W/O. CHERIAN YOHANNAN, CHERUVIL BATHEL HOUSE VETTIYAR, MANKAMKUZHI POST, MAVELIKKARA., PIN – 690558 BY ADV. ASHI.M.C PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5064 of 2024
-: 3:- BECHU KURIAN THOMAS, J.
--------------------------------------------- Crl.M.C.No.5064 of 2024 --------------------------------------------- Dated this the 19th day of July, 2024 ORDER Petitioners are the accused in Crime No.351/2024 of Vallikunnam Police Station, Alappuzha. Petitioners are challenging the registration of the said crime in this petition under Section 482 Cr.P.C.
2. By order dated 10.07.2024, this court permitted the petitioners to keep open their establishment on condition that they shall not accept any deposit from any member of the public and also possess and continue to possess a valid money lending licence under the Kerala Money Lenders Act, 1958. The said order is still in force.
3. The learned counsel for the petitioners however, seeks permission to withdraw this criminal miscellaneous case and to initiate appropriate proceedings as and when the final report is filed, provided, the conditions already imposed are continued.
4. Having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am satisfied that this criminal miscellaneous case can be permitted to be withdrawn with the conditions as suggested by the learned counsel for the petitioners.
Accordingly, this criminal miscellaneous case is dismissed as withdrawn, clarifying that the petitioners will be permitted to keep open the establishment on condition that they shall not accept any deposit from any
Crl.M.C.No.5064 of 2024
-: 4:- member of the public and they shall conduct money lending business only in accordance with law, provided they possesses a valid money lending licence. It is clarified that this order shall not stand in the way of the Investigating Officer or any statutory authority from proceeding or initiating any action in accordance with law in the event of detecting any violation, and also reserving the liberty of the petitioners to challenge the final report, if aggrieved, as and when it is filed.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/19.07.24.
Crl.M.C.No.5064 of 2024
-: 5:- APPENDIX OF CRL.MC 5064/2024 PETITIONERS’ ANNEXURES Annexure A1 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 351 OF 2024 OF VALLIKUNNAM POLICE STATION Annexure A2 A TRUE COPY OF THE MONEY LENDING LICENSE NO.32040342505 DATED 25/5/2023 ISSUED BY THE DEPUTY COMMISSIONER OF STATE GST DEPARTMENT, PATHANAMTHITTA TO THE 1ST PETITIONER ALONG WITH TYPED COPY OF THE SAME.