Point of Law: where a criminal proceeding is manifestly instituted with mala fide and where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, the powers of the court under Section 482 Cr.P.C. can be invoked

ORDER :

Petitioners are the accused Nos.1 and 2 in Crime No.1194 of 2018 of Muvattupuzha Police Station. Initially, a private complaint was submitted by the 2nd respondent herein, which is produced as Annexure-A4 and the same was referred by the Judicial First Class Magistrate Court, Muvattupuzha, to the police for investigation under Section 156(3) of Cr.P.C. Annexure A1 is the FIR registered consequently and the offences alleged against the petitioners are under Sections 468, 471 and 120B of Indian Penal Code and Section 12 of Press and Registration of Books Act, 1867.

2. The averments in Annexure-A4 complaint is as follows:

The 2nd respondent/complainant is the Addl.12th defendant in O.S.No.15 of 2016, pending before the Sub Court, Muvattupuzha. The aforesaid suit was instituted by the petitioners herein and some other persons, praying for a decree of declaration that St.Johns Besphage Orthodox Syrian Church, Pulinthanam is a constituent parish Church of Malankara Orthodox Syrian Church and to declare that the plaint schedule church is to be administered in accordance with the provisions of 1934 Constitution of the Malankara Orthodox Syrian Church and other consequential reliefs. The plaint above is AnnexureA2, and in support of the contentions therein, petitioners have produced a document claiming to be the Constitution of Malankara Orthodox Syrian Church. According to the 2nd respondent/complainant, the aforesaid document is a forged one as it contains certain marked differences in clauses Nos.1 and 3 thereof when compared with the original of the aforesaid document. It is also alleged that the aforesaid document did not contain any registration number and stamp paper. Another allegation is that the said document does not contain the necessary declaration as required under Section 3 of the Press and Registration of Books Act, 1867, to print the same. Therefore, the same attracts offence under Section 12 of the said Act. Based on the said complaint and the same being forwarded for investigation, Annexure-A1 FIR was registered by Muvattupuzha Police as Crime No.1194 of 2018.

3. The petitioners who are the accused Nos.1 and 2 therein, filed this Crl.M.C., praying for quashing the aforesaid proceedings.

4. Heard Sri.Roshen D. Alexander, learned counsel for the petitioners, Sri.Sudheer Gopalakrishnan, learned Public Prosecutor for the State and Sri.K.Ramakumar learned Senior Counsel appearing for the 2nd respondent.

5. The contention of the learned counsel for the petitioners is that, even according to the averments in the complaint, the document which was produced in O.S.No.15 of 2016 pending before the Sub Court, Muvattupuzha is the certified copy of the Constitution of Malankara Orthodox Syrian Church, which was produced in O.S.No.1 of 2008 on the file of the District Court, Ernakulam. The aforesaid document was not printed, published or executed by the petitioners herein. With regard to the alterations allegedly made in the aforesaid document, it is contended that the 1934 Constitution as contained in the aforesaid document, which is produced in this Crl. M.C., as Annexure-A10, was considered by the Honourable Supreme Court in K.S.Varghese and Others v. Saint Peter’s and Saint Paul’s Syrian Orthodox Church and Others [(2017) 15 SCC 333]. After appreciation of relevant documents, it was found that the said clauses are binding upon the Church and the administration thereof has to be made in tune with the same. It is also pointed out by the learned counsel for the petitioners that, the contention that the Constitution produced before the Honourable Supreme Court contained certain illegal modifications (which is as highlighted in this complaint) was considered by the Honourable Supreme Court in another petition submitted by one of the factions of the church to which the 2nd respondent is a party and the said contention was reje