C.S.DIAS, J.

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CRL.MC No.9208 OF 2025 -----------------------------------------

Dated this the 16^th day of October, 2025 ORDER The petitioner is the sole accused in C.C.No.438/2023 on the file of the Court of the Judicial First-Class Magistrate, Kattappana, which originates from Crime No.316/CB/IDK/D/2021 registered by the Crime Branch Police Station, Idukki, for allegedly committing the offence punishable under Section 420 of the Indian Penal Code .

2. The prosecution's case, in essence, is that the petitioner, with an intention to cheat the Kerala Public Service Commission (‘KPSC’, in short), applied for the post of Lower Primary School Assistant by furnishing a false date of birth and without possessing the requisite educational qualification. Due to such misrepresentation, the petitioner succeeded in entering the examination hall to write the examination on 12.09.2009.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned Counsel for the petitioner submits that the case of the prosecution is misconceived and untenable. The prosecution has failed to produce any material to prove that the petitio