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. 5785 OF 2024 CRIME NO.563/2024 OF ARANMULA POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED 1:
N.M RAJU AGED 64 YEARS NEDUMPARAMBIL GARDENS, THIRUVALLA P.O., PATHANAMTHITTA DISTRICT, PIN – 689103 BY ADVS.
JAI GEORGE DAISY A.PHILIPOSE RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 2 STATION HOUSE OFFICER ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT, PIN – 689633 BY ADV.NOUSHAD.K.A PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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-: 2:- BECHU KURIAN THOMAS, J.
--------------------------------------------- Crl.M.C.No.5785 of 2024 --------------------------------------------- Dated this the 19th day of July, 2024 ORDER Petitioner is the first accuse in Crime No.563/2024 pf Aranmula Police Station. He challenges the crime registered against him and other accused in this petition under Section 482 Cr.P.C.
2. By order dated 05.07.2024, this court permitted the petitioner to keep open his establishment on condition that he shall not accept any amount 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 in force.
3. The learned counsel for the petitioner 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 petitioner and the learned Public Prosecutor, I am satisfied that this criminal miscellaneous case can be permitted to be withdrawn with the conditions as suggested by the learned counsel for the petitioners.
Accordingly, this criminal miscellaneous case is dismissed as withdrawn, clarifying that the petitioner will be permitted to keep open the establishment on condition that he shall not accept any deposit from any
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-: 3:- member of the public and he shall conduct money lending business only in accordance with law, provided he 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.
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-: 4:- APPENDIX OF CRL.MC 5785/2024 PETITIONER’S ANNEXURES Annexure 1 FIR Annexure 2 A TRUE COPY OF THE MONEY LENDING LICENSE NO.32030222332 DATED 28/4/2023 ISSUED BY THE DEPUTY COMMISSIONER OF STATE GST DEPARTMENT.