IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Crl.MC.No. 3559 of 2011() ------------------------- CC.614/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER(S): ACCUSED -------------------------------------- SOJAN, S/O.THOMAS, VETTIKATTIL HOUSE, CHOTTAMALA CHITTARICKAL VILLAGE KASARAGODE DISTRICT. BY ADV. SRI.M.J.POLLY SRI.A.C.DEVY RESPONDENT(S): COMPLAINANTS -------------------------------------------------- 1. SUB INSPECTOR OF POLICE, CHITTARICKAL POLICE STATION, KASARAGODE-676 121. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3559/2011 APPENDIX PETITIONER'S ANNEXURES A:-CERTIFIED COPY OF THE CHARGESHEET BEFORE THE JFCM COURT NO.II, HOSDRUG RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A.TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3559 of 2011 ----------------------------------- Dated this the 3rd day of November 2011 O R D E R Petitioner is the accused in C.C.No.614/2009 on the file of J.F.C.M.-II, Hosdurg. The offences alleged against him are under Secs.468, 471 and 420 IPC. The petitioner contends that he has not committed any offence and that he has not tampered with the engine number and chassis number of the two vehicles mentioned in the charge sheet and so further proceeding of the aforesaid case has to be quashed. 2. The learned Public Prosecutor strongly resisted this petition. Learned Public Prosecutor has relied upon the report of examination of the vehicles involved in the aforesaid case issued by the Scientific Assistant, Regional Forensic Science Laboratory, Kannur. 3. According to the prosecution, these two vehicles were found in suspicious circumstances and hence these two vehicles were seized by the police. According to them, there was tampering of the engine number and chassis number. The report of the Scientific Assistant, RFSL, Kannur shows that, Crl.M.C. No.3559 of 2011 -: 2 :- “on examination of the chassis of the vehicle bearing Reg.No.KL-17-B-2233, the said vehicle was found bearing no chassis number where chassis number is usually present. This portion was found very much tampered with. This portion was treated with etching solution. No letters or digits came into view as a result of etching. Photographs were taken. The engine of the vehicle was found bearing no engine number where engine number is usually present. On examination this portion was found very much tampered with. This portion was treated with etching solution. No digits or letters came into view as a result of etching. Photographs were taken. Result of examination : 1. The chassis of the vehicle was found bearing no chassis number. The portion of the chassis where chassis number is usually present was found very much tampered with. 2. The engine of the vehicle was found bearing no engine number. The portion of the engine where the engine number is usually present was found very much tampered with. Indica car bearing the registration number KL-5L 7766 On examination the chassis of the vehicle was found bearing no chassis number where the chassis number is usually present. This portion was found white painted. On removing paint from this portion, a metal piece was found welded and fused to it. Photographs were taken. A small metal plate was found riveted on the engine Crl.M.C. No.3559 of 2011 -: 3 :- of the vehicle. It was found bearing the writings. TATA PUNE INDIA ENGINE TYPE 475 IDI 01 NO. A XZ P 02561 No tampering marks were found on this metal plate. Photographs were taken. Result of examination 1. The portion of the chassis bearing the original number was found cut and removed from the chassis. 2. No tampering marks were found on the metal plate riveted on the engine of the vehicle.” In the light of the report given by the Scientific Assistant, the contention that there was no tampering of the engine number and the chassis number is found to be devoid of any merit. There is absolutely no merit in this petition. Hence, this Crl.M.C. is dismissed. N.K.BALAKRISHNAN, J UDGE. Jvt