IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Crl.MC.No. 729 of 2005(A) ---------------------------------- (CRIME NO.22/2005 OF FORT POLICE STATION PENDING BEFORE JFMC-II, TRIVANDRUM) PETITIONER(S): 4TH ACCUSED -------------------------------------------- UDAYAKUMAR Y., KOTTAKUZHI HOUSE, NELLIMOODU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): STATE ----------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.729 of 2005 -------------------------- ORDER Petitioner, a practicing Advocate, filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-A FIR, so far it relates to him, contending that he has nothing to do with the offences alleged. Petitioner is the fourth accused in Crime No.22/2005 of Fort Police Station, registered for offences under Sections 465, 468, 471, 472 and 120B of Indian Penal Code. Allegation is that the five accused conspired together to release second accused, a resident of Thoothukudy, Tamil Nadu, alleged of committing offences under Sections 449, 394 and 302 read with Section 34 of Indian Penal Code, in Crime No. 372/2004 of Fort Police Station. They fraudulently created basic tax receipts and also forged identification certificates and solvency certificates and produced them before the court, as CRMC 729/05 2 if they are genuine and got the said accused released on bail and thereby committed the offences. It is contended that he was only discharging his function as an Advocate and an Advocate cannot be prosecuted for production of the records in court, which were entrusted to him by the client. But, the allegations against the petitioner are that he was also a party to the conspiracy and it is at his instance the records were forged and fraudulent documents were produced before the court for getting the accused released from jail. In such circumstances, it cannot be said that police is not entitled to investigate the case as against the petitioner. 2. As the allegations are affecting the very administration of the criminal justice system, the allegations being that identification certificates, basic tax receipts and solvency certificates were fraudulently created to produce them before the court to get an accused released on bail and were CRMC 729/05 3 in fact produced before the court and got released the accused on bail, it cannot be said that this is not a case which should be thoroughly investigated. The question whether petitioner was a party to the conspiracy and whether he committed the offences, cannot be decided at this stage in a petition filed under Section 482 of Code of Criminal Procedure. In such circumstances, petition is dismissed. 31st July, 2009 (M.Sasidharan Nambiar, Judge) tkv