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2024 Supreme(Online)(Ker) 90511

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J
TOMY JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: JOHN VARGHESE, P.M. JOSEPH
For the Respondents: SRI. SANGEETHARAJ.N.R

Table of Content
1. allegations of forgery against petitioner highlighted. (Para 1 , 2 , 4)
2. evidence requirements for forgery under ipc elaborated. (Para 3 , 5 , 7)
3. court's emphasis on lack of material evidence. (Para 6 , 8 , 9 , 10 , 11)
4. final ruling to quash the prosecution. (Para 12)

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No.487/2017 on the file of the Judicial First Class Magistrate Court-I, Vaikom. The above case is charge sheeted against the petitioner alleging offences punishable under Sections 468 and 471 IPC . The case of the prosecution is that the petitioner by using stickers, forged the number plate of his tourist bus by incorporating the registration number of another tourist bus belonging to him. According to the prosecution, this was done for the purpose of evading tax. These two tourist buses were taken into custody from a garage on 18.01.2017 at 7.15 p.m. Hence it is alleged that the petitioner committed the offences under and 471 .

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2. According to the petitioner, even if the entire allegations are accepted, no offence is made out against the petitioner. The petitioner submitted that he is the owner of the new tour

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