JACOB MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.112/2018 on the file of the Chief Judicial Magistrate Court, Thodupuzha, arising from Crime No.1747/2017 of Thodupuzha Police Station. The above case is charge sheeted alleging offences punishable under Ss. 120B, 406, 468, 471 and 420 read with Sec. 34 of the Indian Penal Code.

(2.) The counsel for the petitioners submitted that even if the entire allegations are accepted, no offence is made out. According to the petitioners, the case is civil in nature. The counsel for the petitioners relied on the judgments of the Apex Court in Subbiah C @ Kadambur Jayaraj v. Superintendent of Police [2024 KHC 6288] and Sharif Ahmed v. State of Uttar Pradesh [2024 KHC 6251], and submitted that the prosecution against the petitioners is without any basis and it may be quashed.

(3.) Heard the learned counsel for the petitioners and the learned Public Prosecutor.