IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Crl.MC.No. 3704 of 2009() ------------------------------------ CRIME NO.127/2004 OF ETTUMANOOR POLICE STATION. ............... PETITIONERS/ACCUSED 2 TO 8: --------------------------------------------- 1. LISSY THOMAS, W/O. A.J.THOMAS AREECHIRA HOUSE, CLAMATTOM, ETTUMANOOR. 2. FR.JOSE AREECHIRA, S/O.JOSEPH ST.TERESAS CHURCH, ROSHINI PO HARUSUD VIA, KHANDWA DT, MADHYAPRADESH- 450 017. 3. BENNY JOSEPH, S/O.JOSEPH 21, THE TURBPIKE, FUL WOOD PRESTON, PR 2 3 NT, U.K. 4. ANNAMMA J.PUTHUSSERIL W/O.JOHNY, PUTHUSSERIL, 10Y01 ROCKEY RIVER CT, TAMPA, PLAINTIFF 33447, U.S.A 5. MARKUTTY KOY, W/O.JOY T.K 25, POLICE COLONY, HAUS KHAS, NEW DELHI. 6. SELIN RAJU, W/O. M.P. RAJU 52 B, POCKET IV, MAYUR VIHAR, NEW DELHI-91. 7. K.P. PADMANABHAN, S/O.PARAMESWARAN, PUNACKAL HOUSE, KANAKKARY PO, KOTTAYAM. BY ADV. MR.MATHEW JOHN (K) MR.AJEESH K.SASI RESPONDENTS/STATE: -------------------------------- 1. GEORGE, S/O.JOHN, KADUTHODIL HOUSE KIZHKKUMBHAGAM KARA, ETTUMANOOR VILLAGE KOTTAYAM DT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO. 3704 OF 2009 ------------------------------------------ Dated 3rd December 2009 O R D E R Petitioners are accused 2 to 8 in C.C.334/2009 on the file of Judicial First Class Magistrate, Ettumanoor taken cognizance for the offence under Sections 409 and 420 read with Section 34 of Indian Penal Code on Annexure-B final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that there is absolutely no material to connect the petitioners with the offences and therefore, continuation of the proceedings as against the petitioners is only an abuse of process of the court. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 4. Learned counsel also argued that most of the petitioners are not in India for several years and there is absolutely no material to connect the petitioners with the offences alleged and 2 M/s.Areechira Financiers is not a partnership firm as alleged but a proprietary concern and petitioners were implicated only as partners of the firm and in such circumstances, the case is to be quashed. 3. Learned Public Prosecutor pointed out that statement of the witness recorded under Section 161 of Code of Criminal Procedure and produced before the court establish that deposits were made on the inducement made by all the petitioners and in such circumstances, it is not a case for quashing the proceedings under Section 482 of Code of Criminal Procedure. 4. I find force in the submission of the learned Public Prosecutor. On the materials, it is not possible to quash the proceedings as sought for. Petitioners are at liberty to raise all the contentions before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.