SHAHUL HAMEED Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.111 of 2020 of the Feroke Police Station, now pending as C.P. No. 9 of 2020 on the files of the Judicial First Class Magistrate Court-V, Kozhikode. The crime was registered based on the third respondent's complaint alleging commission of offences punishable under Sections 308 and 420 of IPC. As per the averments in the complaint, the third respondent's inability to repay the business loan availed from the Catholic Syrian Bank had resulted in his residential house being brought to sale. At that juncture, the petitioner contacted the third respondent, claiming to be an Advocate practising in the High Court and also the General Secretary of an organisation named the Kerala Debt and Debt Trap Victims Association and assured that he will negotiate with the Bank and secure substantial reduction in the amount outstanding in the third respondent's loan account. Believing the petitioner's words, the third respondent entrusted substantial amounts as and when demanded by the petitioner. The third respondent was made to believe that the money was being utilised for settling his loan account. Thus, an amount of Rs.15,80,000/- was collected by the petitioner.

(2.) While so, officials from the Bank came to the third respondent's house to evict him and sell the property. Thereupon, the third respondent realised that the amounts handed over to the petitioner had not been remitted in his account. The petitioner was therefore called upon to produce proof of the payments effected and expenses incurred and a discussion was held in the presence of mediators on 05.02.2020. The petitioner failed to produce the documents evidencing payment and on being compelled promised to fetch the documents from his house and hand them over to the third respondent at Ramanattukara Junction. Hence, the third respondent waited at Ramanattukara Junction and by about 12'O' clock, the petitioner came in a car and instead of stopping the car and handing over the documents, sped away after dashing the car on the third respondent's hand. Hence the complaint.

(3.) After investigation, the Police filed Annexure 7 Final Report, alleging commission of the offence under Section 308 IPC. Allegation regarding the offence under Section 420 IPC being distinct and separate, third respondent filed separate complaints, resulting in Crime No.682 of 2020 being registered at the Feroke Police Station and Crime No. 621 of 2020, at the Pantheerankavu Police Station. The prayer in this Crl. M.C is to quash Annexure 7 Final Report and all further proceedings on the ground that the allegations upon which the crime is registered, are false.