IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.MC.No. 2847 of 2008() ------------------------- CRIME NO.353/06 OF PUTHUNAGARAM POLICE STATION PETITIONER(S): --------------- ARUL DAS, S/O.CHANDRAN ROADARIKATHU PUTHEN VEEDU NEAR CONVENT, NELLIVILA PO., VENGANOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2847 of 2008 ------------------------------------------------- Dated this the 6th day of November, 2008 ORDER The Vizhinjam police had registered a crime alleging offences punishable under Secs.465 and 471 read with Sec.34 IPC. Allegations in that crime relate to the forgery of a nativity certificate. That allegedly forged nativity certificate was used within the jurisdiction of the Nadakkavu Police Station. The crime was hence transferred for investigation to the Nadakkavu Police Station. The Nadakkavu police have registered a crime on transfer. Investigation was conducted. Final report was filed dropping further action not on the ground that there was any mistake of fact; but that the real accused had not been identified. 2. In the meantime, the Puthunagaram police appears to have registered another crime about the same incident as the Crl.M.C. No. 2847 of 2008 -: 2 :- allegation is that the certificate has been issued by the officials within the jurisdiction of that Police Station. A crime has been registered. Investigation is in progress. The petitioner prays that the powers under Sec.482 Cr.P.C. may be invoked to quash the FIR registered at the Puthunagaram Police Station. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that though it is true that at the Vizhinjam and Nadakkavu Police Station crimes were registered so far the real miscreants have not been traced. Indications suggest that the forgery was of the signatures etc., of the officials within the Puthunagaram Police Station. Inasmuch as the real culprits have not been traced so far, the police may not be prevented from conducting further investigation. If the Puthunagaram Police realises after the investigation that the matter deserves to be probed into further necessary report shall be filed before the Nadakkavu Police Station and the Magistrate concerned and to call for the transfer of that case after reopening the same. At any rate, at the moment, there is absolutely no justification in the prayer to quash the proceedings in the crime registered. The duty/obligation of the police to conduct an investigation into this crime which remains unresolved may not be forestalled by any Crl.M.C. No. 2847 of 2008 -: 3 :- direction under Sec.482 Cr.P.C., submits the learned Public Prosecutor. 4. The learned Public Prosecutor further submits that the Investigators have no intention of harassing the petitioner. They only want to ascertain the truth. In the final report submitted by the Nadakkavu police it is reported that the petitioner has been cheated. If that be found to be incorrect by the present Investigators, necessary request shall be made before the Magistrate in charge to re-open the Nadakkavu crime and thereafter only action shall be taken against the petitioner. The petitioner may be directed to co-operate with the Investigators and to make himself available for interrogation and to furnish the relevant information. The petitioner shall not be arrested until permission is sought from court concerned before which the report was filed by the Nadakkavu police, submits the learned Public Prosecutor . 5. In the light of these submissions which I accept, I am satisfied that the powers under Sec.482 Cr.P.C. do not deserve to be invoked. This Crl.M.C. is, in these circumstances, dismissed with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //TRUE COPY// P.S. to Judge Crl.M.C. No. 2847 of 2008 -: 4 :-