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

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 6314 of 2017)Decided 3 May 2017
Civil Appeal No. 6314 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. K-Link Healthcare (India) Pvt. Ltd. challenged the High Court's refusal to quash FIR No. 15/2013 of Kasaba Police Station, Kozhikode, and to de-freeze its bank accounts. The FIR was linked to an allegation under the Prize, Chits and Money Circulation Schemes (Banning) Act, 1978.

Decision Breakdown

This is not a final decision on the dispute. Without expressing any opinion on the merits, the Court disposed of the appeals by giving the appellant liberty to file a fresh petition before the High Court under Section 482 Cr.P.C. or Article 226. The High Court was to decide that petition on its own merits, uninfluenced by its earlier order.

Lesson Learnt

There is no final ruling yet on whether the FIR should be quashed or the bank accounts released. That question was left to the High Court on a fresh petition.

Official source (sci.gov.in)View Judgment (PDF)

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