Kerala High Court

Crl.Rev.Pet/340/2025 of ANIL KUMAR Vs STATE OF KERALA on 10 April 2025

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OF 2025 2025:KER:31256 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 CRL.REV.PET NO. 340 OF 2025 CRIME NO.527/2011 OF CBCID, KOZHIKODE, KOZHIKODE AGAINST THE ORDER DATED 26.08.2022 IN SC

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947

CRL.REV.PET NO. 340 OF 2025

CRIME NO.527/2011 OF CBCID, KOZHIKODE, KOZHIKODE

AGAINST THE ORDER DATED 26.08.2022 IN SC NO.361 OF 2019 OF

ADDITIONAL DISTRICT COURT (SPECIAL COURT FOR TRIAL FOR

MARADU CASES) KOZHIKODE

REVISION PETITIONERS/ACCUSED NOS.21, 22, 24, 25, 26, 27, 28, 32, 33, 35 AND 36 (ORIGINAL ACCUSED NOS.29, 30, 32, 33, 34, 35, 36, 40, 41, 43 AND 44):

ANIL KUMAR

AGED 48 YEARS

S/O. PANKAJAKSHAN, AKSHAYA, GANDHI NAGAR, PALAKKAD DISTRICT, PIN - 678007

RAGHAVAN

AGED 60 YEARS

KUTHIRANGATTIL HOUSE, KUTHUPARA, LAKKIDI, RAMAKRISHNAPADI, THIRUVILUAMALA ROAD, OTTAPPALAM, PALAKKAD DISTRICT, PIN - 679301

PRATHAPAN

AGED 56 YEARS, S/O. GOVINDAN,

KALLIDUMBIL HOUSE, MANISSERY POST,

OTTAPPALAM, PALAKKAD DISTRICT, PIN - 679521

MOHANAN C.K.

AGED 56 YEARS, S/O. KUTTAPPAN NAIR,

PANCHILI HOUSE, ATTERY, PUTHUR POST,

KOTTAKKAL, MALAPPURAM DISTRICT, PIN - 676503

VASUDEVAN @ RAJAN

AGED 65 YEARS

S/O. NARAYANAN NAIR, THEKKEVEETIL HOUSE, VARODE P.O., OTTAPPALAM, PALAKKKAD DISTRICT, PIN - 679102

PREM KUMAR K.V.

AGED 55 YEARS

S/O. VELAYUDHAN, KIZHAKKE VEETTIL HOUSE, NOVAPPADI, PUTHUPARAMBA, THENNALA, MALAPPURAM DISTRICT, PIN - 676508

ABOOBAKKAR

AGED 47 YEARS

S/O. BEERANKUTTY, PANCHILI HOUSE, ATTERY, PUTHUR POST, KOTTAKKAL, MALAPPURAM DISTRICT, PIN - 676503

PRAJITH KUMAR

AGED 49 YEARS, S/O. BALAN NAIR,

SMITHALAYAM, NEAR IPC NURSERY SCHOOL,

PAYYOLI, KOZHIKKODE DISTRICT, PIN - 673522

SUNITHA

AGED 45 YEARS, W/O.SETHUMADHAVAN NAIR,

KULANGARAKKANDI HOUSE, PALLIKKARA, PAYYOLI,

GOPALAN C.P.

AGED 63 YEARS, S/O. KUNJIRAMAN NAIR,

OTHAYOTH MEETHAL HOUSE, AMBADITHAZHA,

PERAMBRA, KOZHIKODE DISTRICT, PIN - 673526

ASHOKAN

AGED 59 YEARS, S/O. GOPALAN,

PILAKATTIL HOUSE, MUCHUKUNNU,

KOLLAM, NEAR KOYILANDY,

KOZHIKKODE DISTRICT, PIN - 673305

BY ADV.

K.RAKESH

RESPONDENTS/STATE, INVESTIGATING OFFICER & COMPLAINANT:

STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM,

KOCHI, PIN - 682031

DEPUTY SUPERINTENDENT OF POLICE

CRIME DETACHMENT, VADAKARA, EOW-3,

CBCID, KOZHIKKODE, PIN - 673101

THE STATION HOUSE OFFICER

PAYYOLI POLICE STATION,

KOZHIKKODE DISTRICT, PIN - 673522

BY ADV.

SRI.M.P. PRASANTH, PUBLIC PROSECUTOR

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR

ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:

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ORDER

The revision petitioners are the accused Nos.29, 30, 32, 33, 34, 35, 36, 40, 41, 43 and 44 in S. C. No.361/2019 on the files of the Sessions Court, Kozhikode Division (for short. ‘the trial court’).

2. Altogether there are 39 accused. The trial court framed charge against all the accused including the petitioners under Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, Sections 419, 420, 468 and 201 read with Section 34 of the Indian Penal Code, 1860, Section 68 of the Indian Companies Act, 1956 and Section 66D of the Information Technology (Amendment) Act, 2008 as per the order dated 26.08.2022 in S.C. No.361/2019 on the files of the trial court. The order framing charge is under challenge in this Criminal Revision Petition.

3. I have heard Sri. K. Rakesh, the learned counsel for the petitioners and Sri. M. P. Prasanth, the learned Public Prosecutor.

4. The prosecution allegation is that accused No.1, a registered company, and accused Nos.2 to 6, its associate companies, deceitfully conducted and promoted a money circulation scheme using a website with the help of accused Nos.7 to 26 and that accused Nos.27 to 47 promoted the scheme by propagation and enrolment of new members and committed the offences.

5. The learned counsel for the petitioners submitted that the petitioners are actually the victims of the deceitful money circulation scheme introduced by accused Nos.1 to 6 and hence the trial court erred in framing charge against them. The learned counsel further submitted that no offence would be attracted against the petitioners inasmuch as there are no allegations to attract any offence against them.

6. A reading of the impugned order would show that the charge is not specific and it has not been properly framed. The order framing charge does not comply with the mandatory requirement under Sections 211, 212 and 213 of the Criminal Procedure Code, 1973. (Sections 234, 235 and 236 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Hence, the impugned order is set aside. The trial court is directed to hear the petitioners as well as the remaining accused on charge and thereafter pass a fresh order in accordance with law. All the contentions raised by the petitioners in this Criminal Revision Petition are left open. The petitioners are free to take all those contentions before the trial court. The Criminal Revision Petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR

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