IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4969 of 2008()
1. V.MOHAMMED AZEEM
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/12/2008
O R D E R
R. BASANT, J.
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Crl.M.C.Nos. 4969, 4979 & 4990 of 2008
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Dated this the 19th day of December, 2008
O R D E R
The petitioners are accused 2 to 4 in a crime registered
alleging offences punishable, inter alia, under Sections 468 and
471 I.P.C. Crime has been registered on the basis of a complaint
filed by the Branch Manger of Kerala State Co-operative Bank,
Kannur. The first accused is the Senior Manager of the bank and
accused 2 to 4 are junior assistants, who were working in the said
branch.
2. The crux of the allegations is that the first accused in
collusion with accused 2 to 4 and others ensured that false
documents were created to facilitate siphoning out of amounts of
the bank to the hands of undeserved persons. Crime has been
registered. Investigation is in progress. The first accused has
retired from service. All others have by now been arrested and
released, it is submitted.
3. The petitioners have come to this court with a prayer to
quash the criminal prosecution invoking the jurisdiction under
Crl.M.C.Nos. 4969, 4979 & 4990 of 2008
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Section 482 Cr.P.C. This court undoubtedly has jurisdiction under
Section 482 Cr.P.C. to quash an F.I.R. in an appropriate case. But that
is an exceptional relief that can be granted to a party. Ordinarily and
normally this court would not interfere with the investigation in a
crime unless the interests of justice compellingly demand such a
course.
4. I shall carefully avoid detailed reference to disputed facts.
The crux of the allegations, it appears, is that the petitioners who are
officers working under/with the first accused have colluded with the
first accused in the culpable conduct indulged in by him. There is an
allegation that accused 2 to 4 had known about the illegal and
fraudulent transactions. There is an allegation that the loan
applications were prepared in the hand of these petitioners. Without
the knowledge and collusion of the petitioners, the first accused could
not have indulged in this culpable act, it is alleged.
5. It is not necessary for me to express any opinion on the
acceptability of those allegations. Suffice it to say that I am not
persuaded to agree that the extra ordinary inherent jurisdiction under
Crl.M.C.Nos. 4969, 4979 & 4990 of 2008
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Section 482 Cr.P.C. can or deserves to be invoked to quash the F.I.R.
registered against the petitioners. I am satisfied that the police must
conduct a fair and proper investigation and come to appropriate
conclusions/decisions on the basis of such materials collected.
6. These Crl.M.Cs. are accordingly dismissed. I may hasten to
observe that I have not intended to express any opinion on the
acceptability of the allegations. I have only chosen to take the view
that powers under Section 482 Cr.P.C. do not deserve to be invoked at
this stage.
(R. BASANT)
Judge
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