M/S K-LINK HEALTHCARE (INDIA) PVT LTD Vs. STATE OF KERALA AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 6314 of 2017, Judgment Date: May 03, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                    CIVIL/CRIMINAL APPELLATE JURISDICTION


                        CIVIL APPEAL NO.6314 OF 2017
                [@ SPECIAL LEAVE PETITION (C) NO. 14919/2015]


M/S. K-LINK  HEALTHCARE (INDIA)  PVT. LTD.                     APPELLANT(S)


                                VERSUS

STATE OF KERALA AND ORS.                                      RESPONDENT(S)

                                    WITH
                         CRIMINAL APPEAL NO.892/2017
               [@ SPECIAL LEAVE PETITION (CRL) NO. 4371/2015]


                               J U D G M E N T

KURIAN, J.
      Leave granted.
2.    The appellant is before this Court, aggrieved by the order  passed  by
the High Court whereby the High Court under Article 226 of the  Constitution
of India declined to quash the FIR No.15 of 2013 of Kasaba  Police  Station,
Kozhikode  City,  Kozhikode,  Kerala.   The  High  Court  also  declined  to
interfere with the order passed by the Chief Judicial  Magistrate  declining
to de-freeze the bank accounts.  The Chief Judicial Magistrate  declined  to
de-freeze the bank  accounts  on  the  ground  that  the  investigation  was
pending and it was too early for the Court to consider those aspects.
3.    During the pendency of the appeals before us,  we  are  informed  that
the investigation has been completed  and  a  report  under  Section  173(2)
Cr.P.C. has been filed before the Magistrate.
4.    Mr. Dhruv Mehta, learned senior counsel appearing  for  the  appellant
submits that even going by the final report no offence is made  out  against
the appellant and hence the entire criminal proceedings are to  be  quashed.
It is also submitted that even going by  the  report  of  the  police  under
Section 173(2) Cr.P.C. there is  no  justification  in  not  permitting  the
appellant to operate the bank accounts.
5.    After having heard the learned counsel on both the  sides  and  having
regard to the developments which are referred to above, we are of  the  view
that the appellant should be given an opportunity to go  back  to  the  High
Court to institute fresh proceedings either under  Section  482  Cr.P.C.  or
under Article 226 of the Constitution of India.
6.    Therefore, without expressing any opinion on the merits of the  cases,
we dispose of these appeals permitting the appellant to file fresh  petition
before the High Court under Section 482 Cr.P.C. or under Article 226 of  the
Constitution of India seeking  quashment  of  the  proceedings  now  pending
before the Chief Judicial Magistrate, on the ground that  the  final  report
does not disclose any offence against the appellant under the  Prize,  Chits
and Money Circulation Schemes (Banning) Act, 1978.
7.    We make it clear that in case the appellant  files  such  a  petition,
the High Court will consider the same on its own merits uninfluenced by  the
stand  taken  or  the  observations  made  in  the  impugned   order   dated
08.01.2015.
8.    We also request the  High  Court  to  expedite  the  disposal  of  the
petition since the bank accounts have been freezed ever since 2013.
9.    Pending applications, if any, shall stand disposed of.
10.   There shall be no orders as to costs.

                                                   .......................J.
                                                             [KURIAN JOSEPH]


                                                   .......................J.
                                                              [R. BANUMATHI]
      NEW DELHI;
      MAY 03, 2017.