IMPORTANT POINTS
A rigid procedure demanding affidavit to accompany every complaint is not what is intended. It is after all the discretion which the Magistrate may exercise in selected and deserving cases depending on the nature of allegations in the complaint and also facts and circumstances of each case.

ORDER :

The sole accused in Crime No.380/2015 of Thrikkakara Police Station seeks to quash Annexure- B FIR registered against him for commission of offences punishable under Sections 415, 419, 463, 464, 465 and 471 of IPC, invoking the inherent power of this Court under Section 482 of Cr.P.C. on the ground that it is the result of false implication as well as personal enemity of the first respondent towards him. The case was registered against him on the motion of first respondent, de facto complainant, who filed Annexure-A complaint before JFCM-I, Aluva.

2. The petitioner is indisputably an Embryologist. The gist of the prosecution allegation against him is that he, without having acquired Doctorate in any of the subjects, is illegally using the prefix 'Doctor' along with his name. His conduct in the public and false claim being made before the hospital authorities as a doctor, are nothing short of acts of deception. He has fabricated documents to make it appear that he has Doctorate in Philosophy though as a matter of fact, he has not acquired such a degree in any of the streams. It is in this background, the first respondent claims to have submitted Annexure-A complaint before JFCM-I, Aluva, which was forwarded to Sub Inspector of Police, Thrikkakara Police Station, for registration and investigation under Section 156(3) of Cr.P.C.

3. The contention of the petitioner is that even if the entire allegations against him are taken as true, none of the offences in question can be said to have been made out under law. It is contended that since the authorities of hospitals, where he is working, have not preferred any complaint to the authorities of law, the allegation against him is liable only to be rejected as falsely made. According to him, he is fully qualified and has all requisite certificates of eligibility for being employed as Clinical Embryologist in the hospitals. It is also contended that he has obtained Annexure-C certificate of Doctorate in Philosophy in Animal Biotechnology, from Prescott University, London, U.K. He also produced Annexure-D certificate claiming it to be his Degree in Master of Science. He claims to have obtained Annexure-E Master of Philosophy in Biotechnology from Bharathidasan University.

4. On the other hand, the first respondent produced a series of documents contending that they are sufficient by themselves to substantiate that petitioner's certificates are all fabricated and he has not acquired Doctorate in Animal Biotechnology.

5. I heard the learned counsel for the petitioner, the first respondent and also the learned Public Prosecutor.

6. Having examined the nature of contentions raised by the parties, it is quite natural for one to think that since the falsity or genuineness of the certificates relied on by the petitioner is a matter of controversy necessitating enquiry, continuance of investigation pursuant to Annexure-B FIR is only desirable. That apart, one should not, however, lose sight of the other side of the picture also. Any investigation permitted to be held by the police authorities as to the authenticity or otherwise of the certificates in question pursuant to the complaint lodged by a member of the public, will certainly affect, not only the reputation but also the career prospects of the suspect in the crime. If the outcome of the investigation ultimately turns out to be in favour of the suspect, no doubt by that time, his reputation as well as opportunity for employment might be ruined. It, however, does not mean that in all the cases wherever possession of requisite qualification or authenticity of certificates is in question, investigation should be invariably withheld. It would only be a prudent approach if the judicial Magistrate concerned who forwards the complaint for registration and orders investigation into the crime ensures that the complaining person approaches him only with good sense of responsibility and also even preparedness to face the consequences if his allegat