Judgment
CRL.MC NO. 450 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945 CRL.MC NO. 450 OF 2024 CRIME NO.317/2019 OF Kalpetta Police Station, Wayanad AGAINST THE ORDER/JUDGMENT CC 126/2022 OF CHIEF JUDICIAL MAGISTRATE , KALEPETTA PETITIONER/S:
V.M VARGHESE AGED 62 YEARS SON OF V.P.MICHEAL, VELIKKATHU HOUSE, VADUTHALA P.O., CHERANELLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT., PIN - 682023 BY ADVS.
P.M.ZIRAJ IRFAN ZIRAJ RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SUB INSPECTOR OF POLICE KALPATTA POLICE STATION, WAYANAD DISTRICT, PIN - 673122 OTHER PRESENT:
SRI. M.C. ASHI (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 450 OF 2024 2 BECHU KURIAN THOMAS, J.
=========================== Crl.M.C.No.450 of 2024 ------------------------------------------------------- Dated this the 17th day of January 2024 ORDER
Petitioner challenges the proceedings in C.C.No.126/2022 on the files of the Chief Judicial Magistrate, Kalpetta. According to the petitioner, the allegations in the final report does not make out any offence against the petitioner as he is the Managing Director of a company, which is a franchisee of a company empaneled by the Government of India and no criminal proceedings can be initiated against him on the basis of the final report.
2.
The prosecution alleges that the accused had collected money from the defacto complainant after offering to provide a software to the ‘Suvidha Kendra’ for filing GST returns and thereafter failed to provide the software and thus committed the offences under Section 403, 406, 420 r/w Section 120B of the Indian Penal Code, 1860.
3.
Though Sri.P.M.Ziraj, learned Counsel for the petitioner vehementaly contended that the offences alleged against the petitioner are not all made out, this Court notices that the case is scheduled for trial on 18.01.2024, ie. tomorrow. The attempt of the accused to quash the proceedings on the eve of the trial cannot be encouraged. Since all these years petitioner had not chosen to challenge the proceedings and
CRL.MC NO. 450 OF 2024 3 the trial has already been scheduled to take place tomorrow, this Court is not inclined to consider exercising the inherent jurisdiction under Section 482 of the Cr.P.C. to quash the proceedings. The petitioner will have an effective remedy by participating in the trial and no prejudice will be caused since the trial will be completed in a short time as well.
Therefore, without considering any of the contentions on merits and leaving it open for consideration by the Trial Court, this Crl.M.C. is dismissed.
sd/
BECHU KURIAN THOMAS
JUDGE jm/
CRL.MC NO. 450 OF 2024 4 APPENDIX OF CRL.MC 450/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE COMPLAINT DATED 15.5.2019 SUBMITTED BY THE DEFACTO COMPLAINT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA WHICH FORWARDED BY THE LEARNED MAGISTRATE UNDER SECTION 156(3) OF THE CODE OF THE CRIMINAL PROCEDURE Annexure 2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 317/2019 OF KALPETTA POLICE STATION Annexure 3 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
317/2019 OF KALPETTA POLICE STATION Annexure 4 TRUE COPY OF THE LIST OF WITNESSES SUBMITTED ALONG WITH THE ANNEXURE 3 Annexure 5 TRUE COPY OF THE 161 STATEMENT OF THE CW1 DATED 6-6-2019 Annexure 6 TRUE COPY OF THE 161 STATEMENT OF THE CW2 DATED 27.10.2019 Annexure 7 TRUE COPY OF THE 161 STATEMENT OF THE CW3 DATED 19.7.2019 Annexure 8 TRUE COPY OF THE 161 STATEMENT OF THE CW4 DATED 22.9.2019 Annexure 9 TRUE COPY OF THE 161 STATEMENT OF THE CW5 DATED 16.8.2019 Annexure 10 TRUE COPY OF THE 161 STATEMENT OF THE CW6 DATED 11.2.2022 Annexure 11 TRUE COPY OF THE 161 STATEMENT OF THE CW7 DATED 1.10.2021 Annexure 12 TRUE COPY OF THE LIST OF COMPANIES EMPANELLED BY THE GOVERNMENT OF INDIA DOWNLOADED FROM THE WEBSITE OF GST DEPARTMENT WITHOUT DATE Annexure 13 TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE COMPANY GROW GREEN ENVIRONMENTAL SOLUTIONS PRIVATE LIMITED DATED 19-11-2012 Annexure 14 TRUE COPY OF THE AGREEMENT DATED 5-10-2017 EXECUTED BETWEEN BOTREE AND ANOTHER AND M/S.GROW GREEN ENVIRONMENTAL SOLUTIONS PVT.
LTD.
Annexure 15 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE M/S.GROW GREEN ENVIRONMENTAL SOLUTIONS PVT. LTD. AND ANOTHER AND CW1 DATED 20-4-2018 Annexure 16 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO CW1 DATED 25-4-2018 Annexure 17 TRUE COPY OF THE MAIL SENT BY THE PETITIONER
CRL.MC NO. 450 OF 2024 5 TO CW2 DATED 27.3.2018 Annexure 18 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO CW3 DATED 14.5.2018 Annexure 19 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO CW4 DATED 14.5.2018 Annexure 20 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO CW5 DATED 16.5.2018 Annexure 21 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO CW6 DATED 16.5.2018 Annexure 22 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO CW7 DATED 14.5.2018 Annexure 23 TRUE COPY OF THE LIST OF PERSONS WHO ATTEND THE MEETING HELD ON 16-4-2018