The court established that legitimate documents cannot be deemed forged merely due to irregularities in prior admissions, especially without credible evidence of malfeasance.

Petitioner challenges the registration of Crime No.452/2024 of Kottiyam Police Station alleging offences punishable under sections 465, 468 and 471 of the Indian Penal Code, 1860 . During the pendency of this petition under section 482 Cr.P.C, the aforesaid crime was transferred to Ernakulam Central Police Station and re-registered as Crime No.887/2024.

2. According to the FIR, the accused - a former District President of Kerala Students Union (KSU), Kollam, after obtaining admission for the five-year LLB course at NSS Law College, Kottiyam, for the period 2012 to 2017, had, without any relieving certificate or migration certificate, joined the OPJS University, Rajasthan for the five year LLB course and thereafter, using a forged certificate, enrolled himself with the Bar Council of Kerala as an Advocate with registration No. K-000084/2020, and is practicing as an Advocate without the necessary qualification and thereby committed the offences alleged.

3. Smt.Anjana Kannath, the learned counsel for the petitioner contended that the petitioner has been practicing as a lawyer for the last four years at Kollam and that none of the ingredients of the offences alleged are made out. It was also submitted that the crime was registered on the basis of political animosity and that even the Bar Council of Kerala had verified the certificates and found that petitioner had undergone the LLB course as a regular student and there was nothing to doubt the veracity of the certificates produced. According to the petitioner, earlier, another complaint had been filed before the Commissioner of Police of Kollam City and after a preliminary enquiry it was realised that there was no truth in the allegations. Petitioner asserts that though he had joined the course of study in the NSS Law College, Kottiyam having been a successful candidate in the Kerala Law Entrance Examination, he subsequently discontinued his studies as he was suspended from the college due to his participation in strikes, and thereafter joined the OPJS University. Petitioner alleged that he had not committed any forgery and also that the documents submitted by him were all genuine. According to the learned Counsel, the crime was registered due to political rivalry and to defame and destroy the political and professional career of the petitioner.

4. Sri.M.C.Ashi, the learned Public Prosecutor submitted that the investigation conducted so far revealed that the petitioner, after joining the LLB course at NSS Law College, Kottiyam for the course 2012-2017, had also joined the OPJS University in 2013 and two parallel regular courses of study are seen to have been undergone by him which itself smacks of illegality and irregularity and hence the proceedings ought not to be quashed. The learned Public Prosecutor further submitted that without submitting proper migration and transfer certificates from NSS Law College, Kottiyam, the course of study allegedly undergone by the petitioner at OPJS University cannot be said to be legal and therefore the investigation ought to be continued. The learned Public Prosecutor also referred to the statement filed by the investigating officer, wherein it is stated that petitioner had studied BA LLB course at the School of Law, OPJS University, Rajasthan during the years 2013 to 2018 and also that the said University had sent a letter to the Bar Council of Kerala informing that the provisional certificate issued to the accused is genuine. The Investigating Officer further mentions that a request has been sent to the OPJS University for obtaining certified copies of the documents submitted by the accused for obtaining admission and further that the accused was admitted at the Kottiyam College on 11.09.2012 and he left on 31.01.2017 and the reasons for leaving the college is seen as course discontinued and the TC was issued on 06.02.2018.

5. I have considered the rival contentions.

6. The petitioner is alleged to have obtained a forged degree certificate a