IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 Crl.MC.No. 4791 of 2010() ------------------------------- CC.31/2010 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM CRIME NO.122/2008 .................... PETITIONER(S):3RD ACCUSED ----------------------------------- PRAKASAN, AGED 39, S/O SEKHARAN, CHATHANKATTIL VEEDU, KANDANISSERY, MATTOM DESOM, THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.RAVI K.PARIYARATH RESPONDENT(S):STATE OF KERALA ------------------------------------------ THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KOTTAYAM TOWN EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 31. PUBLIC PROSECUTOR SRI.K.J.MOHEMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4791 of 2010 --------------------------------------- Dated this 03rd day of February, 2011 ORDER Third accused in Crime No.122 of 2008 of Kottayam East Police Station and C.C.No.31 of 2010 of the court of learned Chief Judicial Magistrate, Kottayam is the petitioner before me. He is facing trial for offences punishable under Secs. 465, 468, 471, 420 r/w Sec.34 of the Penal Code, based on Annexure-I, final report submitted by the police. Prosecution case is that the first accused joined a kuri started by the Kerala State Financial Enterprise (for short, "the KSFE”). Petitioner and the second accused are alleged to have created false documents as if they were employed in the Assistant Labour Office, Kottarakara and produced salary certificates and confirmation letters etc.. while standing as surety for the first accused with the KSFE. On the strength of that suretyship the KSFE is said to have advanced money to the first accused. It is alleged that petitioner along with other accused committed offences as above stated. According to the petitioner, his election identity card was lost at Thrissur on 12.11.2003 and immediately, he preferred a complaint to the Thrissur police. Annexure-2 is the certificate issued by the Sub Crl.M.C.No.4791 of 2010 -: 2 :- Inspector of Police, Thrissur Town East stating that one C.S.Prakasan referred to therein lodged a petition on 12.11.2003 complaining that he lost his election identity card within the limits of the East Police Station, Thrissur. Learned counsel submitted that in other cases initiated against the first accused, petitioner has been cited only as a witness. It is also pointed out that in Annexure-V, name of father of petitioner is shown as 'Madhavan Nair' while the name of petitioner's father is 'Shekharan Nair'. I have heard learned Public Prosecutor also. 2. CW5 is the staff of KSFE. He has stated that petitioner and accused Nos.1 and 2 produced (allegedly forged) documents and executed security bond with the KSFE. Question whether documents produced are forged as alleged or as contended by the petitioner he had no role in it even if it is assumed, whether he had lost his identity card even as early as on 12.11.2003 are correct or not are matters which the trial court has to decide. This court exercising jurisdiction under Sec.482 of the Code cannot go into the merit of disputed questions on fact. On the face of the allegations made against petitioner, request to quash the proceedings cannot be allowed. Crl.M.C.No.4791 of 2010 -: 3 :- Resultantly this petition is dismissed without prejudice to the right of petitioner to take up appropriate defences before the trial court. It is directed that any observation made in this order shall not influence the trial court in the disposal of the case on its merit. (THOMAS P JOSEPH, JUDGE) Sbna/-