Insufficient evidence linking the accused to the alleged crime led to the quashing of proceedings under Section 482 Cr.P.C.

O R D E R

The first accused in C.C.No.13/2018 on the files of Judicial First Class Magistrate Court-II, Kasaragod, has filed this petition under Section 482 Cr.P.C to quash the proceedings against her in the said case. The offences alleged are under Sections 120B , 468, 471 and 420 I.P.C.

2. The prosecution case is that the petitioner, who was the ward member of the Ward No.10 of Kumbala Grama Panchayat during the year 2012-2013, entered into a criminal conspiracy with the second accused and committed forgery of a caste certificate wrongly showing that the second accused is a member of Scheduled Caste community, in order to enable the second accused to avail a sum of Rs.2,00,197/- under the special scheme of the Government under Indira Awas Yojana for construction of houses for the members of backward community.

3. The case has been registered by the Sub Inspector of Police, Kumbala on the basis of a complaint preferred by a person by name Subramanya Naik. After the completion of the investigation, the Additional Sub Inspector of Police, Kumbala laid the final report before the Judicial First Class Magistrate Court-II, Kasaragod.

4. In the present petition, the petitioner would contend that there are absolutely no materials collected by the investigating agency in support of the allegations levelled against her in the final report. Thus, it is stated that the petitioner has been arraigned as an accused without any basis.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing State of Kerala.

6. CW3 to CW7 are the witnesses cited by the prosecution in the final report to establish the offence alleged against the petitioner. Among the above witnesses, CW3 was the member of Ward No.10 of Kumbala Grama Panchayat during the time of investigation in this case. The only statement given by CW3 to the Investigating Officer is that the second accused is a person who does not know to read or write Malayalam. According to CW3, he does not know how the second accused obtained a certificate showing that she belonged to Hindu-Mokera community.

7. CW4 was the General Extension Officer of Manjeswaram Block Panchayat at the time of investigation. According to him, a person who wishes to avail the benefits of Indira Awas Yojana Scheme for house construction has to, first of all, submit an application before the Grama Panchayat in that regard. Thereafter, the Grama Sabha convened at the instance of Panchayat President, Vice President and Ward Member concerned have to prepare a list of persons eligible to avail the benefit of the said Scheme. The aforesaid list approved by the Panchayat Administrative Committee has to be sent to the Block Development Office under the signature and seal of the Panchayat Secretary. The Block Development Officer, after the verification of the list, has to send the same to the Village Extension Officer who has to conduct spot verification about the eligibility of the beneficiaries. The Village Extension Officer, after the completion of the above process, shall convince the beneficiary about the modalities of the scheme and send the agreement executed by the beneficiary, along with the requisite documents, to the Block Development Officer. The aforesaid documents accompanying the application and agreement of the beneficiary, is inclusive of the enquiry report of the Village Extension Officer. Apart from the above statement regarding the procedures being followed for the selection of eligible beneficiaries of the above said scheme, the statement of CW4 does not contain anything to connect the petitioner with the alleged offence of forgery of caste certificate of the second accused.

8. CW5 was the Tahsildar of Kasaragod during the time of investigation in this case. He stated before the Investigating Officer that he had not issued the caste certificate showing that the second accused belonged to the Scheduled Caste community. However, the statement of CW5 does not contain anything about