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. 5049 OF 2024 CRIME NO.543/2024 OF ARANMULA POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.1:
N.M RAJU AGED 64 YEARS S/O GEORGE, NEDUMPARAMBIL GARDENS, THIRUVALLA P.O., PATHANAMTHITTA DISTRICT., PIN – 689101 BY ADVS.
JAI GEORGE DAISY A.PHILIPOSE RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 2 STATION HOUSE OFFICER ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT, PIN – 689533 3 RAJAN THOMAS AGED 71 YEARS THAYYIL BETHEL HOUSE, MENONPOTTI, EDAKKARA P.O., NILAMBUR, MALAPPURAM DISTRICT, PIN – 679331 BY ADV U.K.DEVIDAS 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.5049 of 2024
-: 2:- BECHU KURIAN THOMAS, J.
--------------------------------------------- Crl.M.C.No.5049 of 2024 --------------------------------------------- Dated this the 19th day of July, 2024 ORDER This petition has been filed under Section 482 Cr.P.C challenging the FIR in Crime No.543/2024 of Aranmula Police Station; registered for the offence under Sections 406, 409 and 420 r/w Section 34 of the Indian Penal Code, 1860, and Sections 3, 21, 5, 23 of the Banning of Unregulated Deposit Schemes Act, 2019.
2. On 20.06.2024, this Court directed the Investigating Officer to permit the establishment of the petitioner to be kept open on condition that it shall not accept any amount from any person as a deposit and shall not alter, tamper with, or remove any records from the said establishment. An inventory was also directed to be taken at the time of opening the establishment. Subsequently, on 02.07.2024, it was clarified that the directions issued on 20.06.2024 will be subject to the condition that petitioner possesses a valid money lending licence under the Kerala Money Lending Act, 1958.
3. The Crime No.543/2024 of Aranmula Police Station is only at the investigation stage and the learned counsel for the petitioner expressed the interest of the petitioner to withdraw this criminal miscellaneous case with liberty to challenge the final report as and when it is filed, provided the directions for permitting the establishment to be kept open are retained.
Crl.M.C.No.5049 of 2024
-: 3:- Considering the circumstances, I am of the view that this criminal miscellaneous case can be permitted to be withdrawn with the conditions as suggested by the learned counsel for the petitioner.
4. 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 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.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/19.07.24.
Crl.M.C.No.5049 of 2024
-: 4:- APPENDIX OF CRL.MC 5049/2024 PETITIONER’S ANNEXURES Annexure A1 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 543 OF 2024 OF ARANMULA POLICE STATION IN PATHANAMTHITTA DISTRICT Annexure A2 A TRUE COPY OF THE MONEY LENDING LICENSE NO.32030284599 DATED 28/4/2023 ISSUED BY THE DEPUTY COMMISSIONER OF STATE GST DEPARTMENT, PATHANAMTHITTA TO THE 1ST PETITIONER