REJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused numbers 7 and 8 in C.P.No.65/2013 on the files of the Judicial First Class Magistrate Court, Alappuzha. They have approached this court seeking to quash all proceedings pursuant to registration of Crime No.284/2008 of Alappuzha South Police Station. In Crime No.284/2008 after concluding the investigation, Annexure A final report was laid by the Sub Inspector of Police, Alappuzha South Police Station. The offences allegedly involved in the case are those punishable under Sec. 120B and 395 of the Indian Penal Code (for short 'I.P.C. '). The final report was submitted before the Judicial First Class Magistrate Court, Alappuzha and in view of the involvement of offences triable by the Court of Session, the Magistrate has committed the case vide proceedings initiated as C.P No.65/2013 in the matter. It is at that stage, the petitioner approached this Court seeking to quash the entire proceedings initiated pursuant to registration of Crime No.284/2008 of Alappuzha South Police Station.

(2.) The facts in brief in the Cri.M.C are to the following effect:- The petitioners are accused Nos.7 and 8 in Crime No.284/2008 of Alappuzha South Police Station. Apart from the petitioners, six other accused were also involved in the crime. Petitioners are employees of Bajaj Auto Finance Ltd., who had advanced money to the de facto complainant for purchasing a motor vehicle. As per the terms of the agreement of hire purchase, the company is entitled to seize the vehicle in case of default in repayment of instalments by the de facto complainant. Utilizing the loan amount the de facto complainant had purchased a motorcycle bearing Registration No.KL-04-V-5734. The repayment of the loan was defaulted by the de facto complainant after effecting some payments. It is in the said circumstances that the Company, who had advanced the loan, sent accused Nos.1 to 6 to the petitioner to get the vehicle repossessed. Accused Nos.1 to 6 went to the spot and following some altercations the vehicle was taken in their custody and handed over to the Company. On the basis of a complaint lodged by the de facto complainant, the crime in question was registered alleging commission of the offences punishable under Sec. 120B and 395 I.P.C. Investigation was proceeded with and on conclusion thereof, a final report was laid chargesheeting all the eight accused for the offences for which the crime was registered. It is at that juncture that the petitioners, who are accused Nos. 7 and 8, have approached this court seeking to quash the proceedings,

(3.) Sri. K. Ramakumar, the learned counsel appearing for the petitioners and Sri. N. Suresh, the learned Public Prosecutor appearing for the State were heard on their rival contentions.