IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Crl.MC.No. 2606 of 2008() CRIME NO.368 OF 2008 OF CHATHANNOOR POLICE STATION ------------------------- PETITIONER(S): ACCUSED ---------------------- YAKOOB, S/O.IBRAHIM, KALANTHAR MANZIL, THAZHAM, CHATHANNOOR, FROM KADAVILA VEEDU, THOTOOR, PALLICKAL, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT, KOLLAM. PUBLIC PROSECUTOR MR.S U NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.02.2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. --------------------------------------- Cr. MC No.2606 of 2008-C --------------------------------------- Dated 3rd February 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure, seeking to have the F.I.R. in Crime No.368/08 of Chathannoor Police Station and the further proceedings therein, quashed. 2. The gist of the complaint is that the petitioner herein, during the period starting from 2002 onwards to the date of enquiry, had purchased several items of immovable properties, the total consideration of which will come to Rs.14,15,000/-. The Investigating Officer has found that the actual sale amount comes to Rs.56,18,500/-. On the allegation that the petitioner has cheated the State by evading stamp duty, the crime was registered. 3. It is not possible to accept the proceedings initiated by the concerned persons. If, as a matter of fact, the case of the State is that the properties have been CRMC 2606/08 2 undervalued in the documents and stamp duty has been evaded, the State can proceed against the petitioner under the relevant statutes. In the result, this petition is allowed. The F.I.R. in Crime No.368/08 of Chathannoor Police Station is quashed and further proceedings therein shall stand dropped. The right of the State to proceed against the petitioner in accordance with the relevant statute, is left open. P.BHAVADASAN, JUDGE sta CRMC 2606/08 3