IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Crl.MC.No. 3674 of 2011() ------------------------- CC.680/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): 3RD ACCUSED ---------------------------------- K.M.JAMES, S/O.K.K.MICHAEL, AGED 41 YEARS, KUZHUVELIL HOUSE, BTS ROAD, EDAPPALLY PO, KOCHI-24. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.RENNY AUGUSTINE RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERLA. 2. P.PRASAD S/O.NARAYANAN NAIR, PEECHUPADNIJARPURATH, KODUNGALLOOR. R1 BY PUBLIC PROSECUTOR RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JM ANNEXURE PETITIONERS ANNEXURE: ANNEXURE A - TRUE COPY OF COMPLAINT DTD. 4.7.09 ANNEXURE B - CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1776/09 OF ALUVA PS. \\TRUE COPY\\ PA TO JUDGE JM N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3674 of 2011 ----------------------------------- Dated this the 22nd day of November 2011 O R D E R Petitioner is the 3rd accused in C.C.No.680/2010 on the file of J.F.C.M.-I, Aluva. There are three accused in that case. The offence alleged against this accused is under Sec.17 of Kerala Money Lenders Act. On going through the charge sheet and the connected papers, it is seen that the only allegation against this petitioner who is the 3rd accused is that, when complainant went to the house of A1, this petitioner was also present and he abused the complainant. That will not attract the offence under Sec.17 of Kerala Money Lenders Act. There is no allegation that he had conducted money lending business. As such, the proceeding as against this petitioner for the offence under Sec.17 of Kerala Money Lenders Act cannot be sustained. Hence, this Crl.M.C. is allowed. Further proceeding as against this petitioner for the offence under Sec.17 of the Kerala Money Lenders Act is quashed. But it Crl.M.C. No.3674 of 2011 -: 2 :- is made clear that if any other offence is disclosed against this petitioner, the prosecution can proceed against him accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt