Shahitha vs The State of Kerala

K. Ramakrishnan, J.—This Criminal Miscellaneous Case is filed by the petitioner, who is the sole accused in C.C. No. 556/2013 on the file of the Judicial First Class Magistrate Court, Kunnamangalm to quash the proceedings u/s 482 of the Code of Criminal Procedure.

It is alleged in the petition that the petitioner is the sole accused in Crime No. 469/2012 of Medical College Police Station, Kozhikode which was registered on the basis of a statement given by the third respondent as de facto complainant alleging offence u/s 420 of the Indian Penal Code. After investigation, final report was filed and the case was taken on file as C.C. No. 556/2013 and it is pending before the Judicial First Class Magistrate Court, Kunnamangalm. The de facto complainant is the brother-in-law of one Sunil Kumar, against whom the petitioner filed O.S. No. 480/2012 which is pending before the Munsiff Court-II, Kozhikode. The de facto complainant at the instance of the said Sunil Kumar, initiated criminal proceedings which resulted in filing of Annexure-III final report on the basis of a false and fabricated document alleged to have been executed on 15.6.2007 and it does not bear the signature of the petitioner in the second page, which is the crucial page. So, according to the petitioner, the case which is based on the said document is not sustainable and so the petitioner filed this petition seeking the following relief:

For these and other grounds to be urged at the time of hearing, it is most humbly prayed that this Honourable Court be pleased to quash Annexure-III final report dated 15.4.2013 in Crime No. 469/2012 on the file of the 2nd respondent, which led to C.C. No. 556/2013 on the file of the Judicial First Class Magistrate, Kunnamangalam and pass such other orders as are deemed fit and necessary in the interest of justice and for proper and effective adjudication of the case.

The third respondent appeared through counsel. The petitioner has produced certified copy of the alleged document. On going through the allegations in the petition, this Court feels that whether the document impugned by the petitioner is a fabricated document or not, the circumstances under which the signature was not seen obtained in the second page etc are matters for evidence. Further, this Court feels that the petitioner can avail the right to file an application for discharge before the same court and that court can consider those aspects on the basis of the evidence collected by the investigating officer which resulted in the filing of the final report and pass appropriate orders in accordance with law. Under the circumstances, this court feels that it is not a fit case to invoke the power u/s 482 of the Code to quash the proceedings. But that will not affect the right of the petitioner to file an application before the concerned court for discharge and the court can consider such application and pass appropriate orders in accordance with law. So the petition is disposed of as follows:

The petitioner is not entitled to get the relief of quashing of the proceedings u/s 482 of the Code and the relief is rejected with liberty for the petitioner to move the lower court for discharge and if such an application is filed, the learned Magistrate is directed to consider and dispose of the same as expeditiously as possible, at any rate, within two months from the date of filing of that application.

With the above observations and directions, the petition is disposed of.

Office is directed to communicate this order to the concerned court immediately.