JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating to the case in C.C.No.201 of 2015 on the file of the learned Judicial Magistrate No.V, Coimbatore and quash the same.)

1. This Criminal Original Petition has been filed to quash the final report in C.C.No.201 of 2015 pending on the file of Judicial Magistrate V, Coimbatore for the offences under Sections 120-B, 406, 468, 471 and 420 of IPC.

2. Heard the learned counsel for the petitioners and the learned counsel appearing on the behalf of the respondents.

3. The allegation in the final report is that Accused 1 to 6 conspired together and forged the signature of the de facto complainant Natesan and witness Jaganathan and created a forged resolution dated 31.03.2010 of the partnership firm, thereby usurped the assets of the firm and the first accused created an equitable mortgage dated 05.10.2011 in respect of the certain immovable properties situated in Trichur Village, Trichur Taluk in Kerala to secure a loan from a Bank. Hence, the respondent has registered an FIR against the petitioners/ accused herein for the offences under Sections 120-B, 406, 468, 471 and 420 of IPC.

4. The learned counsel appearing for the petitioners submitted that the complaint is nothing but a motivated one, because of a family dispute between the parties. The de facto complainant and accused 1 to 6 are related to each other. There was a partnership firm in the name and style of "Natesan Brothers" which was established in the year 1985. Thereafter, on 31.03.2010, there was a resolution in the partnership firm to make it as a Private Limited company. At that time, the de facto complainant expressed his non-willingness to pass such a resolution. Therefore, the partnership firm continued to remain as dormant and others have come out of the partnership. In the meantime, the de facto complainant filed a Civil Suit in O.S.No.1421 of 2013 on the file of I Additional Subordinate Judge, Coimbatore to declare the resolution of the partnership firm as null and void. However, no orders have been passed in the said suit. Similarly, he has also filed Civil Suits in O.S.No.27 of 2014 on the file of Subordinate Judge, Thrissur and O.S.No.14 of 2014 on the file of Subordinate Judge, Ernakulam, asserting that he is the partner of the firm and sought for declaratory reliefs over the properties of the firm. However, no orders came to be passed in these suits also. Pending above suits, this case was filed before the Crime Branch, Coimbatore and the final report has been filed, without even examining the signature said to have been forged by A1 to A6. No forensic report whatsoever has been obtained. It is his further contention that when the accused, who were defendants in the suit filed before the Subordinate Judge, Ernakulam, filed an application for obtaining the specimen signature of the de facto complainant to compare the same by the expert and the Court passed an order on 07.10.2017 stating that the de facto complainant has never present himself before the Court to give his specimen signature and drawn adverse inference against him, the entire prosecution is nothing but a motivated one and result of civil dispute.

5. The learned Government Advocate (Criminal side) submitted that though the final report has been filed, the crux of the allegations as to the forgery has not been established and no documents have been subjected to forensic examination.

6. In the light of the above submission, this Court perused the entire materials placed before this Court. Normally, Courts will be slow in exercising its jurisdiction under Section 482 Cr.P.C to interfere with the final report filed by the prosecution. At the same time, when the materials placed on the record indicate that the entire investigation is a result of motivated complaint in a civil dispute and the offences charged have been pressed into serve with motive and the materials collected by the prosecution is t