IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH DECEMBER 2006 / 17TH AGRAHAYANA 1928 Crl.MC.No. 3659 of 2006() ------------------------- CC.632/2005 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONER: ACCUSED. -------------------- PRASEETH.R. S/O.LATE R.RAGHVAN, SUDARSANA, CHOMPAL P.O. VADAKARA TALUK, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. C.H.SARALA, W/O.LATE R.RAGHAVAN, EDAVANTAVIDA HOUSE, VADAKARA AMSOM, DESOM, VADAKARA TALUK, KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, VADAKARA. 3. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.A.AKBAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT.J ------------------------------------------------------------ Crl.M.C. No. 3659 OF 2006 ------------------------------------------------------------- Dated this the 8th day of December 2006 ORDER The petitioner faces indictment in a prosecution interalia under section 468 and 471 of the I.P.C. Proceedings have been initiated against him by none other than his mother. After filing the complaint before the Magistrate the learned Magistrate referred the complaint under Section 156 (3) of the Cr.P.C to the police. Police registered a crime and conducted the investigation. The investigation was completed and the final report was filed raising allegations against the petitioner. Cognizance has been taken by the learned Magistrate. Process has been issued to the petitioner. Petitioner has already entered appearance before the learned Magistrate. Charges have not been framed. 2. Petitioner has now rushed to this Court with the prayer the powers under Section 482 of the Cr.P.C may be invoked in favour of the petitioner to quash the criminal proceedings initiated against him. What is the reason? The short contention is that Annexure 4 & 5 which have been allegedly forged by the petitioner are not forged documents at all and are genuine documents. The petitioner has already initiated a Civil proceedings against his mother claiming amount allegedly due under Annexure 4 & 5- alleged forged agreement and the allegedly forged cheque Cr.M.C. 3659/2006 -2- claiming the amount of Rs. 80,00,000/- 3. Whether Annexures 4 & 5 are genuine or forged and whether the contentions of the petitioner raised by him in the civil suit or the assertions made by his mother against him in the present complaint are true or false cannot certainly be decided by this Court at this stage and with the available inputs under Section 482 of the Cr.P.C. It is certainly for the petitioner to appear before the learned Magistrate and raise all the relevant contention which would justify a claim for discharge or acquittal at the appropriate stage. Suffice it to say that in the facts and circumstances of this case I find no compelling or sufficient reasons which would justify the premature termination of the proceedings initiated against the petitioner by invoking the powers under Section 482 of the Cr.P.C 3. This Crl.M.C. is in these circumstances dismissed but with the specific observation that the dismissal of this Crl.M.C. will not in any way fetter the rights of the petitioner to raise all relevant and appropriate contentions before the Magistrate at the appropriate stage. I have chosen only to take the view that there is no warrant for invoking the powers under section 482 of the Cr.P.C R.BASANT, JUDGE es