IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1222 of 2009()
1. TOMY FERNANDEZ, S/O.M.J.JOSEPH, AGED 35,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.R.GIREESH VARMA
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/04/2009
O R D E R
M.N. KRISHNAN, J
-----------------------
CRL.M.C.No. 1222 OF 2009
---------------------------------
Dated this the 2nd day of April, 2009
O R D E R
This petition is filed with a prayer to quash all further
proceedings in C.C. 311/2005 on the file of the Judicial First Class
Magistrate Court-III, Neyyattinkara. The petitioner is accused
having committed offence under Section 419 of the IPC. A
perusal of the complaint, charge sheet etc. would reveal that the
petitioner described himself as a person from Switzerland and
collected money for Tsunami victims from the Foreigners who
visited Kovalam beach. It is also seen that he approached a
union of the Autorickshaw drivers and also requested them to
help in collecting funds to the Tsunami funds. It is stated that
he has not been authorised to do so. The intention was to collect
money, misappropriate and cheat. Hence this type of allegations
requires examination in the form of trail and it is too premature a
stage to quash complaint in these type of cases.
Therefore the Crl.M.C is dismissed.
M.N. KRISHNAN, JUDGE
vkm