Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 CRL.MC NO. 8532 OF 2023 CRIME NO.1676/2023 OF Ernakulam Central Police Station, Ernakulam PETITIONER(S)/ACCUSED:
1 M/S POWER TRANS MOBILITY LTD 3/88, MOUNT POONAMALLI ROAD, RAMAPURAM, CHENNAIR GREATER CHENNAI, TAMIL NADU, INDIA REPRESENTED BY ITS C.E.O., ANTONY THOMAS, PIN - 600089 2 SMT. A ANUSHA MARGRET ANTONY AGED 31 YEARS W/O. ANTONY, 3/88, MOUNT POONAMALLI ROAD, RAMAPURAM, CHENNAI, GREATER CHENNAI, TAMIL NADU, INDIA, PIN - 600089 3 ANTONY TOMAS AGED 59 YEARS S/O. THOMAS, CEO, M/S POWER TRANS MOBILITY LTD, 3/88, MOUNT POONAMALLI ROAD, RAMAPURAM, CHENNAI, GREATER CHENNAI, TAMIL NADU, INDIA, PIN - 600089 4 ABISHA RIT ANTONY THOMAS AGED 27 YEARS D/O ANTONY THOMAS, DIRECTOR, M/S POWER TRANS MOBILITY LTD, 3/88, MOUNT POONAMALLI ROAD, RAMAPURAM, CHENNAI, GREATER CHENNAI, TAMIL NADU, INDIA, PIN - 600008 5 ASHIKA RIT ANTONY THOMAS AGED 27 YEARS D/O. ANTONY THOMAS, DIRECTOR, M/S POWER TRANS MOBILITY LTD., 3/88, MOUNT POONAMALLI ROAD, RAMAPURAM, CHENNAI, GREATER CHENNAI, TAMIL NADU, INDIA, PIN - 600089 BY ADV. LEGY ABRAHAM RESPONDENT(S)/STATE AND COMPLAINANT:
1 STATION HOUSE OFFICER (INSPECTOR OF POLICE), ERNAKULAM CENTRAL STATION, ERNAKULAM, PIN - 682018
Crl.M.C.No.8532 of 2023 2 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 3 K.S. JOSHY S/O. KUNNEL SANKUNNY, 2C, LOTUS APARTMENT, DH ROAD, ERNAKULAM, (PROPRIETOR, M/S GUIDELINE ELECTRIC VEHICLES, 61/1657-C, XAVIER TOWER, ALAPPAT ROAD, KOCHI -682015), PIN - 682016 BY ADV Adv.K.V.Sabu BY ADVS.
SRI. M.P PRASANTH,PP SRI.K.V.SABU - R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8532 of 2023 3 P.V.KUNHIKRISHNAN, J.
------------------------------ Crl.M.C.No.8532 of 2023 ---------------------------------------------- Dated this the 01st day of November, 2023 ORDER This Criminal Miscellaneous Case is filed to quash the proceedings in Annexure A1 FIR in Crime No.1676/2023 of Ernakulam Central Police Station. The above case is registered alleging offences punishable under Section 420, 465 and 468 r/w 34 IPC.
2.
The counsel appearing for the petitioners submitted that, even if the entire allegations are accepted, no offence is made out against the petitioners. I don't want to make any observation about the same at this stage. The case is only at the preliminary stage and the investigation is going on. In such circumstances, this Court does not want to
Crl.M.C.No.8532 of 2023 4 interfere with an ongoing investigation. If any final report is filed, the petitioners are free to challenge the same by filing a separate Criminal Miscellaneous case.
Moreover, for the purpose of investigation, if the presence of the petitioners are necessary, the Investigating Officer shall issue notice under Section 41A Cr.P.C.
With the above observation, this Criminal Miscellaneous Case is disposed of granting liberty to the petitioners to file a fresh Criminal Miscellaneous Case, if any final report is filed in Crime No.1676/2023 of Ernakulam Central Police Station.
Sd/- P.V.KUNHIKRISHNAN DM JUDGE
Crl.M.C.No.8532 of 2023 5 APPENDIX OF CRL.MC 8532/2023 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIRST INFORMATION REPORT NO.1676/2023 THE ERNAKULAM CENTRAL
POLICE
STATION
DATED 02.06.2023 ANNEXURE A2 A TRUE COPY OF THE AGREEMENT BETWEEN THE FIRST PETITIONER AND THE THIRD RESPONDENT DATED 21.10.2022 ANNEXURE A3 A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF THE FIRST PETITIONER - COMPANY DATED 01.09.2020 ANNEXURE A4 A TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE ISSUED BY MINISTRY OF MS & ME DATED 13.12.2021 ANNEXURE A5 A TRUE COPY OF THE LETTER ISSUED BY BUREAU OF INDIAN STANDARDS DATED 25.10.2022 ANNEXURE A6 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE ISSUED BY GOVERNMENT OF INDIAN DATED 02.02.2021 ANNEXURE A7 A TRUE COPY OF THE APPLICATION FOR DEALERSHIP SUBMITTED BY THE 3RD RESPONDENT DATED 10.10.2022 ANNEXURE A8 A TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE 3RD RESPONDENT TO THE FIRST PETITIONER DATED 28.01.2023 ANNEXURE A9 A TRUE COPY OF THE REPLY SENT BY THE FIRST PETITIONER TO THE LAWYER NOTICE OF THE 3RD RESPONDENT DATED 01.06.2023
Crl.M.C.No.8532 of 2023 6 ANNEXURE A10 A TRUE COPY OF THE LETTER IN INTENT DATED 15.10.2022 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE