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2022 Supreme(Online)(KER) 40668
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 11TH DAY OF NOVEMBER 2022 / 20TH KARTHIKA, 1944 CRL.MC NO. 8006 OF 2022 CC 479/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD CRIME NO.537/2016 OF MANJESHWAR POLICE STATION, KASARGOD PETITIONERS/ACCUSED NOS.1 AND 2:
1 MUHAMMED ASHRAF.K.M.
AGED 40 YEARS S/O. MUHAMMED, SWALATH MANZIL, PACHAMBLA, INCHILANKODE, MANGALPADY P.O., KASARAGODE, PIN – 671324
2 AHAMMED KABEER RIFAYI, AGED 23 YEARS S/O. MUHAMMED, MGP X/204, SWALATH MANZIL, PACHAMBLA, INCHILANKODE, MANGALPADY P.O., KASARAGODE – 671324.
BY ADVS.
T.G.RAJENDRAN T.R.TARIN RESPONDENTS/COMPLAINANT/STATE:
1 THE SUB INSPECTOR OF POLICE KUMBLA POLICE STATION, KASARAGODE, PIN – 671321
2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
0 ADV M P PRASHANTH -PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners are the accused in C.C. No.479/2020 on the file of the Judicial First Class Magistrate Court II, Kasargod. The aforesaid case arises from Crime No.537/2016 of Manjeshwar Police station. The offences alleged against the petitioners are under Sections 420, 468 and 471 of Indian Penal Code.
2. The prosecution case is as follows: The 1st accused is conducting an Akshaya Kendra in Mangalpadi Grama Panchayat. On 01.09.2016 the petitioners with an intention to cause loss to the Government, by using the computer issued to the Akshaya Centre, generated three certificates to CW11, CW12 and CW13, and got it approved by an M.L.A. and produced the said certificates before the Panchayat for issuing a birth certificate. It is alleged that, all the three certificates were bearing the very same serial number. Therefore, it is alleged that the said documents were fabricated. Annexure 1 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure 1.
3. Heard Sri.T.G.Rajendran, learned counsel appearing for the petitioners and Sri.M.P. Prashanth, learned Public Prosecutor for State.
4. The contention put forward by the learned counsel for the petitioners is that, the materials placed on record along with Annexure 1, do not make out the offences alleged against the petitioners as the necessary ingredients for attracting the said offences are lacking. It is also pointed out that, even though the relevant documents relied on by the prosecution were produced before the court, the same does not contain necessary certification as contained under Section 65B of Evidence Act. Therefore, it is contended that, the prosecution against petitioners is an abuse of process of law as the chances of a successful prosecution are bleak.
5. After perusing the records and hearing the contentions raised from either side, I am of the view that, these contentions are to be raised by the petitioners before the trial court and seek for discharge. Since the petitioners directly approached this Court without resorting to the said remedy, I deem it appropriate to relegate the petitioners to do so.
In such circumstances, this Crl.M.C. is closed without prejudice to the right of the petitioners to approach the trial court and seek for discharge. In case any such application is submitted, the same shall be considered by the learned Magistrate and appropriate orders shall be passed in case charges are not framed already.
APPENDIX OF CRL.MC 8006/2022 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FINAL REPORT DATED 18.9.2016 Annexure2 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CR NO. 537/2016 Annexure 2(A) TRUE COPY OF THE CERTIFICATE ISSUED BY THE PETITIONER BEARING NO. 18487047 IN FAVOUR OF CW14 DATED 9.6.2016 Annexure 2(B) TRUE COPY OF THE CERTIFICATE CERTIFIED ON 18.9.2016 Annexure 2 (C) TRUE COPY OF THE CERTIFICATE DATED
9.9.2016 Annexure 3 CERTIFIED COPY OF THE MEMO OF EVIDENCE
