SINDHU JIBI Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 482 of the Code of Criminal Procedure, 1973 ("the Code" for brevity).

(2.) The petitioner herein is the 2nd accused in C.C. No.1385 of 2018 pending on the files of the Judicial First Class Magistrate Court-I, Haripad. The aforesaid case has arisen from Crime No.395 of 2014 of the Thrikunnapuzha Police Station under Sections 406, 420 r/w. Sec. 34 of the IPC, Sections 4 and 5 r/w. 76 of the Chit Funds Act, 1982 Sec. 17 of the Kerala Money Lenders Act, 1952 and Sec. 4 of the Prohibition of Exorbitant Interest Act, 2017.

(3.) The petitioner was not available for trial and the case was proceeded with as against the 1st accused. The learned Magistrate by Annexure-A2 judgment dated 06.12.2018, found the 1st accused not guilty of the offences and he was acquitted of all charges. It is on the basis of acquittal of the co-accused that this petition is filed seeking to quash the proceedings on the ground that the substratum of the case as against the petitioner has been shattered.