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M/s. K-Link Healthcare (India) Pvt. Ltd. v/s State of Kerala & Others

Company & Directors' Information:- D-LINK (INDIA) LIMITED. [Active] CIN = L72900GA2008PLC005775

Company & Directors' Information:- D R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2006PTC048008

Company & Directors' Information:- I M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232CH2010PTC032454

Company & Directors' Information:- INDIA LINK LIMITED [Active] CIN = U74899DL1995PLC069339

Company & Directors' Information:- C S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2012PTC070018

Company & Directors' Information:- M M HEALTHCARE LIMITED [Active] CIN = U74899DL1988PLC034339

Company & Directors' Information:- K-LINK HEALTHCARE (INDIA) PRIVATE LIMITED [Active] CIN = U85199TN2001PTC048131

Company & Directors' Information:- P AND B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24230GJ2013PTC075056

Company & Directors' Information:- G C LINK PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089603

Company & Directors' Information:- G A S HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999BR2018PTC038700

Company & Directors' Information:- Z F HEALTHCARE PVT. LTD. [Active] CIN = U29295MH2006PTC164255

Company & Directors' Information:- P R HEALTHCARE PRIVATE LIMITED. [Strike Off] CIN = U24231DL2003PTC120123

Company & Directors' Information:- M H HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999DL2016PTC289311

Company & Directors' Information:- LINK INDIA HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85110DL2012PTC232296

Company & Directors' Information:- P D HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2004PTC045131

    Civil Appeal Nos. 6314 of 2017, 892 of 2017 (@ Special Leave Petition (C) Nos. 14919 of 2015, 4371 of 2015)

    Decided On, 03 May 2017

    At, Supreme Court of India


    For the Appellant: Dhruv Mehta, Sr. Advocate, Manoj C. Mishra, Anubhav Rai, Advocates. For the Respondents: C.K. Sasi, Advocates.

Judgment Text

Kurian Joseph, 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.

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br />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.