C M MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.M.C.No.3391/2006 was filed by the second accused in C.C.No.268/2006 to quash the said complaint. All these Criminal Miscellaneous Cases are connected and I shall refer to the parties in the manner in which they are ranked in C.C.No.268/2006.

(2.) One Annamma Thomas is the complainant in C.C.No.268/2006. According to her, she had entered into an agreement with the first accused for purchase of a Maruti Omni vehicle. It is her case that the vehicle was purchased with her funds by the first accused, one Pratheepan - not in her name but in his own name. She complained before the learned Magistrate earlier that the first accused had deceived her. That complaint was referred to the police. After investigation, it was referred as false.

(3.) The second accused C.M.Mathew, the petitioner in Crl.M.C.No.3391/2006 had purchased the said vehicle from the said Pratheepan. The second accused is shown as the owner of the vehicle in the registration certificate with effect from 07/11/2005. He filed a complaint alleging that Annamma Thomas had illegally taken away his vehicle on 07/01/2006. That complaint is pending before the learned J.F.C.M-I, Mananthavady as C.C.No.121/06. Annamma Thomas is the only accused in that case.