2025:KER:29251 Crl.M.C.No.756/2021 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CRL.MC NO. 756 OF 2021 SEEKING TO QUASH THE F.I.R IN CRIME NO.2272/2016 OF THE THRISSUR EAST POLICE STATION DATED 25.06.2016 COMING WITHIN THE JURISDICTION OF THE CHIEF JUDICIAL MAGISTRATE’S COURT, THRISSUR PETITIONERS/ACCUSED NOS.1 TO 8: 1 NAVODAYA KURIES LTD, AMBAKKADAN JUNCTION, THRISSUR CORPORATION, THRISSUR TALUK, THRISSUR DISTRICT. REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR JOSE K. FRANCIS, AGED 59, S/O.FRANCIS, RESIDING AT KUTTIKADAN HOUSE, ARISTO ROAD, FATHIMA NAGAR, THRISSUR DISTRICT 680 005. 2 JOSE K. FRANCIS, AGED 59, S/O.FRANCIS, RESIDING AT KUTTIKADAN HOUSE, ARISTO ROAD, FATHIMA NAGAR, THRISSUR DISTRICT 680 005. 3 THOMAS K.DAVIS, AGED 55 YEARS S/O.DAVIS, RESIDING AT KALLOKARAN HOUSE, LITTLE FLOWER ROAD, NEAR AMBAKKADAN JUNCTION, THRISSUR, DIRECTOR NAVODAYA KURIES LTD., NEAR AMBAKKADAN JUNCTION, THRISSUR CORPORATION, THRISSUR TALUK, THRISSUR DISTRICT 680 022. 4 N.I.KUNJUPAVVU, AGED 55 YEARS S/O.EYAPPAN, RESIDING AT N.I.NELLISSERRY HOUSE, ARANATTUKARA DESOM, DIRECTOR NAVODAYA KURIES LTD., NEAR AMBAKKADAN JUNCTION, THRISSUR CORPORATION, THRISSUR TALUK, THRISSUR DISTRICT 680 022 5 ANTO APPADAN, AGED 61 YEARS S/O.ENASU, STAYING AT DIRECTOR NAVODAYA KURIES LTD., NEAR AMBAKKADAN JUNCTION, THRISSUR CORPORATION, THRISSUR TALUK, THRISSUR DISTRICT 680 022 2025:KER:29251 Crl.M.C.No.756/2021 2 6 SIMON K. FRANCIS AGED 55 YEARS S/O.FRANCIS, RESIDING AT KUTTIKADAN HOUSE, EAST FORT, THRISSUR, DIRECTOR NAVODAYA KURIES LTD., NEAR AMBAKKADAN JUNCTION, THRISSUR CORPORATION, THRISSUR TALUK, THRISSUR DISTRICT 680 022 7 SALINI SHIJU AGED 37 YEARS WORKING AS OFFICE STAFF AT, NAVODAYA KURIES LTD., NEAR AMBAKKADAN JUNCTION, THRISSUR CORPORATION, THRISSUR TALUK, THRISSUR DISTRICT 680 022 8 T.L.VINCENT AGED 60 YEARS S/O.LONAPPAN, RESIDING AT THEKKUMPURAM HOUSE, MUPLIYAM ROAD, PUDUKKAD P.O., THRISSUR DISTRICT 680 301. BY ADV G.SREEKUMAR (CHELUR) RESPONDENTS/STATE OF KERALA AND THE COMPLAINANT: 1 THE STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM DISTRICT-682 018. 2 ARUN ANTO AGED 29 YEARS S/O.ANTO, RESIDING AT ARAKKAL HOUSE, NO.1A, FIRST FLOOR, PARK LAND APARTMENTS, AMABAKKADAN JUNCTION, CHEMUBKAVU, THRISSUR DISTRICT 680 020 BY ADVS. SRI.N.M.MADHU FOR R2 SRI.P.P.HARRIS SRI.SANGEETHARAJ.N.R, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON 07.04.2025 PASSED THE FOLLOWING: 2025:KER:29251 Crl.M.C.No.756/2021 3 O R D E R Accused Nos.1 to 8 in Crime No.2272/2016 of Thrissur East Police Station, have filed this petition under Section 482 Cr.P.C, to quash the F.I.R registered in the said case and the further proceedings initiated thereunder. 2. The case against the petitioners is that the company which the petitioners represent had agreed to buy back the shares held by the de facto complainant, and to make payment to him as per the undertaking of the second petitioner, but later on the second petitioner forged the blank share transfer forms and the shares obtained from the de facto complainant, and got it transferred by the 7th petitioner in favour of the 8th petitioner as per the directions of petitioners 2 to 6. It is thus alleged that, by resorting to forgery and cheating, the petitioners caused illegal loss to the de facto complainant, and that they managed to have unjust enrichment. 3. The case has been registered by the Thrissur East Police on the basis of a complaint filed by the de facto complainant before the Chief Judicial Magistrate, Thrissur, which was forwarded to the 2025:KER:29251 Crl.M.C.No.756/2021 4 Thrissur East Police under Section 156(3) Cr.P.C, for registration of crime and investigation. 4. In the present petition, the petitioner would contend that identical complaints preferred by the de facto complainant were referred to by the Thrissur East Police as ‘civil nature’. It is also stated that the discharge petitions filed by the petitioners before the Chief Judicial Magistrate Court, against the cognizance taken by the Learned Magistrate on Protest Complaints, were dismissed by the said court, against which they preferred Crl.Revision Petitions before the Additional Sessions Court, Thrissur. It is the further contention of the petitioners that the dismissal of the above Crl.Revision Petitions by the Additional Sessions Court, Thrissur, has been challenged before this Court by filing Crl.M.C.s under Section 482 Cr.P.C. Thus, according to the petitioners, the crime registered in this case is also liable to be referred to as one of civil nature, and hence, it is necessary to quash the above F.I.R. 5. Heard the learned counsel for the petitioners, the learned counsel for the de facto complainant and the learned Public Prosecutor representing the State of Kerala. 2025:KER:29251 Crl.M.C.No.756/2021 5 6. As already stated above, the reason stated by the petitioners for quashing the F.I.R registered in this case is that identical complaints preferred by the de facto complainant have been referred to by the police as those of civil nature. As regards the above contention of the petitioners, it has to be stated that the mere reason that refer reports were filed by the Police as ‘disputes of civil nature’, in similar complaints preferred by the de facto complainant, cannot be considered as a ground to quash the F.I.R registered in this case. The police have to conduct investigation in each and every crime registered by them, and arrive at the finding as to whether the offence alleged against the accused are made out or not. The investigation in this case has to necessarily reach its logical conclusion after the investigating agency conducts the requisite procedures envisaged by law. The inherent powers of this Court under Section 482 Cr.P.C cannot be invoked to quash a crime unless it is shown that there is manifest illegality and prejudice being caused to the accused due to the continuance of the investigation. As far as the present case is concerned, it is not possible to say that the continuance of the investigation by the police would render injustice or prejudice to the 2025:KER:29251 Crl.M.C.No.756/2021 6 petitioners. Therefore, the prayer in this petition to quash the proceedings in F.I.R.No.2272/2016 of Thrissur East Police Station, cannot be allowed. In the result, the petition is hereby dismissed. (Sd/-) G. GIRISH, JUDGE jsr 2025:KER:29251 Crl.M.C.No.756/2021 7 APPENDIX OF CRL.MC 756/2021 PETITIONER ANNEXURES ANNEXURE I A CERTIFIED COPY OF THE F.I.R AND CONNECTED RECORDS IN CRIME NO.2272 OF 2016 DATED 25.6.2016 OF THE THRISSUR TOWN EAST POLICE STATION. ANNEXURE II A TRUE COPY OF THE REFER REPORT IN CRIME NO.2030 OF 16 OF THE THRISSUR TOWN EAST POLICE STATION DATED 30.6.2016 ANNEXURE III A TRUE COPY OF THE LIST OF CASES FILED BY THE PETITIONERS ARE OTHERS AND AGAINST THE COMPANY TAKEN FROM THE INTERNET DATED NIL. ANNEXURE IV A TRUE COPY OF THE ORDER PASSED IN CRL.M.C.NO.3013 OF 2020 DATED 1.7.2020 ON THE FILE OF THIS HON'BLE COURT.