SHINTO P. KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who was the erstwhile Sub Inspector of Kanjirappally Police Station, is the first accused in C.C.No.1/2016 on the files of the Judicial First Class Magistrate Court, Kanjirappally. The aforesaid case has been instituted by the second respondent herein on a private complaint alleging that the petitioner along with the other accused, including an Advocate Commissioner, appointed by the Chief Judicial Magistrate Court, Kottayam, and the Manager of the State Bank of India, Regional Business Centre, Kollam, committed the offence under Ss. 427, 447, 451, 452, 354, 342, 324, 323, 318 and 143 read with Ss. 149 the Indian Penal Code, 1860 (in short, 'IPC') under the pretext that they were executing the order of the Chief Judicial Magistrate Court, Kottayam, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002( in short' SARFAESI') to get physical possession of the residential property where the defacto complainant was residing.

(2.) The case was taken on files by the learned Judicial First Class Magistrate, Kanjirappally, after recording the sworn statement of the defacto complainant and the witnesses. After numbering the case as C.C.No.1/2016 , summons were ordered to all the accused.

(3.) The Advocate Commissioner who was arraigned as the fourth accused, approached this Court by filing Crl.M.C.No.2323/2017, and got the proceedings against her quashed under Sec. 482 of the Code of Criminal Procedure, 1973(in short, 'Cr.PC').