IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Crl.MC.No. 2350 of 2011() ------------------------------------ CC.43/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT I, MAVELIKKARA .................... PETITIONERS/ACCUSED ------------------------------------ 1. C.S. SURESH BABU, ADVOCATE, S/O.SIVARAMAPANICKER, CHEMBAKATHARAYIL HOUSE, MANJADITHARA MURIYIL, BHARANIKAVU VILLAGE, MAVELIKKARA TALUK. 2. S. KALA, ADVOCATE, W/O.SURESH BABU, CHEMBAKATHARAYIL HOUSE, MANJADITHARA MURIYIL, BHARANIKAVU VILLAGE, MAVELIKKARA TALUK. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. SRI.M.REVIKRISHNAN, SRI.P.M.RAFIQ. RESPONDENTS/COMPLAINANT AND CWS 1 TO 3 ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ESWARAN NAMBOODIRI @ HARIKUMAR, THALATHOTTA MADHAM, VETTUMENI MURIYIL, PALLIPPADU VILLAGE, KARTHIKAPILLI TALUK, ALAPPUZHA DISTRICT. 3. CHANDRIKA DEVI, THALATHOTTA MADHAM, VETTUMENI MURIYIL, PALLIPPADU VILLAGE, KARTHIKAPILLI TALUK, ALAPPUZHA DISTRICT. 4. SREELEKHA, D/O.CHANDRIKA DEVI, THALATHOTTA MADHAM, VETTUMENI MURIYIL, PALLIPPADU VILLAGE, KARTHIKAPILLI TALUK, ALAPPUZHA DISTRICT. R1 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. R2 & R4 BY ADV. SMT.ELIZABETH MATHAI IDICULLA, SRI.MOHAN IDICULLA ABRAHAM, SRI.RACHEL JOSEPH, SRI.MARTIN D.ALUMKARA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2350 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A: COPY OF THE FINAL REPORT IN C.C. NO.43/2011 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE I, MAVELIKKARA. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.2350 of 2011 ---------------------------------------------------- Dated this the 29th day of November, 2011 Order The petitioners are the accused in CC No.43 of 2011 on the file of JFCM Court-I, Mavelikkara. After conducting investigation, the charge sheet in that case was laid by the police against the petitioners alleging offences under Sections 467, 468, 471, 477A, 409, 418, 420 and 120B r/w 34 IPC. The complainant in that case had filed a land acquisition reference as LAR No.244 of 1986. In that case an amount of Rs.4,53,089/- was awarded as enhanced compensation. Claimant subsequently expired. His legal heirs are the aggrieved persons. After filing cheque application for that amount, a cheque was issued which was encashed through the S.B.T.Main Branch, Mavelikkara. It is alleged that the complainant and the two witnesses (C.Ws.1 to 3) were asked to sign a stamp paper worth to Rs.15/- and make it appear that the entire amount was paid to them. In fact, the amount due to them was not paid by the petitioners/advocates who were appearing for them (The second petitioner who is the Crl.M.C.2350/2011 2 wife of the first petitioner is also an advocate). The allegation is that C.Ws.1 to 3 were cheated by the petitioners, the advocates. Criminal conspiracies also were alleged against the accused. The petitioners who were the advocates committed criminal breach of trust and misappropriation of the amount mentioned above, it is alleged. It is not necessary to go into each and every aspect of the matter since after the investigation, the investigating agency seized all the documents. Sufficient materials were collected to show the complicity of the accused who were the advocates who appeared for the parties. It was submitted by the learned counsel for the complainant/aggrieved person that after conducting enquiry, the Bar Council also found the first petitioner guilty and he was actually removed from the roll of the advocates. As there are sufficient materials to proceed with the trial, I find no reason to quash the proceedings in CC No.43 of 2011 of JFCM Court-I, Mavelikkara. Hence, this Crl.M.C. is dismissed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.2350/2011 3 Crl.M.C.2350/2011 4