IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 18^TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943 CRL.MC NO. 1459 OF 2017 [CRIME NO.337/2014 OF Binanipuram Police Station, Ernakulam]

[AGAINST CC NO.574/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-

II, ALUVA]

PETITIONER/ACCUSED:

M.B. MOIDEEN KUNJU S/O.M.K.BEERAN, MEZHUKKATTIL HOUSE,EDATHALA P.O., ALUVA.

BY ADVS.

SRI.ROSHEN.D.ALEXANDER SMT.TINA ALEX THOMAS RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.

2 MUSTHAFA S/O. MUHAMMED, PALLIMUTTATHIL VEETTIL,PANAYIKKULAM, ALANGADU VILLAGE,PARAVUR TALUK.

FOR R1 SMT.MAYA M.N. PP FOR R2 SHRI.SHAIJAN C. GEORGE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

4.2.2022, THE COURT ON 18.2.2022 PASSED THE FOLLOWING:

O R D E R The petitioner is the accused in C.C.No.574 of 2016 on the file of the Judicial First Class Magistrate Court-II, Aluva. The cognizance was taken by the learned Magistrate for the offence punishable under Section 452 of the Indian Penal Code (IPC,) even though the complaint submitted by the 2^nd respondent herein contained the offences punishable under Sections 406,420,294B, 307 and 506(2) of IPC besides the offence under Section 452 IPC.

2. The case of the petitioner is as follows:

The petitioner is stated to be a business man and is a relative of the 2^nd respondent. Earlier, the petitioner submitted a complaint before Benanipuram Police Station against the 2^nd respondent and certain other persons, alleging offences punishable under sections 406,420,465,468,471,120B r/w Section 34 of the IPC. The allegations raised by the petitioner against the 2^nd respondent and other accused in the aforesaid complaint was that, while the petitioner was holding the position of the Managing Director of a Company namely M/s Alwaye Techno Engineering Pvt. Ltd., the accused therein conspired together and created false documents for the purpose of cheating and by using such forged documents as genuine documents, submitted the same before the Registrar of Companies and removed the petitioner from the directorship of the company. It was also stated that, later, the accused therein sold the Company to the strangers and thereby committed the offences mentioned above. After completing the investigation, the police submitted Annexure-A2 final report against the accused persons therein for the offences punishable under Sections 406,420,465,468,471 r/w. Section 34 of the IPC. The Judicial First Class Magistrate Court- II, Aluva had taken cognizance on the said complaint and now it is pending as C.C.No.459/2015. It is the case of the petitioner that as a retaliation and counterblast to the aforesaid complaint, the 2^nd respondent later filed Crl.M.P.No.931/2014 initially before the Judicial First Class Magistrate Court, Paravur which was later transferred to the Judicial First Class Magistrate Court-II, Aluva alleging offences under Sections 406,420,452,294B,307,506(2) of the IPC. Annexure A3 is the said complaint. The aforesaid complaint contains two allegations. It is alleged that, the 2^nd respondent had lent a total amount of Rs.26 lakhs to the petitioner at different points of time and when the 2^nd respondent demanded the money back, the petitioner herein on 23.1.1998 at about 6 p.m. trespassed into the residence of the 2^nd respondent and threatened him with a knife pointing at his chest. However, no complaint was submitted in respect of the same. But later, on 15.4.2014, the very same incident was allegedly repeated and the complaint was submitted. The learned Magistrate referred the complaint to the police for investigation under section 156(3) of the Code of Criminal Procedure (Cr.PC) and accordingly Crime No.422/2014 was registered by Benanipurm Police Station which is Annexure- A4 produced in the Crl.MC. After completing the investigation, the police submitted Annexure-A5 final report referring Annexure-A3 complaint as fals