IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Crl.MC.No. 3560 of 2011() ---------------------------------- CC.1392/2010 of JDUL.MAGISTRATE OF FIRST CLASS, RAMANKARI ...................... PETITIONER(S): 3RD ACCUSED -------------------------------------------- JACOB, AGED 55 YEARS, S/O.THOMAS, PERUMPALLY HOUSE, THEKKEKARA MURI, CHAMPAKKULAM PANCHAYATH WARD NO.5, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENT(S): STATE AND DEFACTO COMPLAINT ---------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. JYOTHY, THEKKEY EDAKKARI, MUTTAR.P.O., MUTTAR VILLAGE, ALAPPUZHA. 689 574. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG Crl.MC.No. 3560 of 2011() APPENDIX PETITIONER'S ANNEXURES ANNEXURE A1:- COPY OF THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT DATED 22/10/2009. ANNEXURE A2:- THE FIR IN CRIME NO.319/2009 OF PULINKUNNU POLICE STATION. ANNEXURE A3:- THE FINAL REPORT IN CRIME NO.319/2009 OF PULINKUNNU POLICE STATION. ANNEXURE A4:- COPY OF THE 161 STATEMENT GIVEN BY THE DEFACTO COMPLAINT IN CRIME NO.319/2009 OF PULINKUNNU POLICE STATION. TO THE POLICE. ANNEXURE A5:- COPY OF THE 161 STATEMENT GIVEN BY CW-2 (HUSBAND OF THE DEFACTO COMPLAINANT) IN CRIME NO. 319/2009 OF PULINKUNNU POLICE STATION TO THE POLICE. ANNEXURE A6:- COPY OF THE 161 STATEMENT GIVEN BY CW-3, IN CRIME NO.319/2009 OF PULINKUNNU POLICE STATION TOTHE POLICE. ANNEXURE A7:- COPY OF THE 161 STATEMENT GIVEN BY CW- 4, IN CRIME NO.319/2009 OF PULINKUNNU POLICE STATION TO THE POLICE. ANNEXURE A8:- COPY OF THE 161 STATEMENT GIVEN BY CW-5, IN CRIME NO.319/2009 OF PULINKUNNU POLICE STATION TO THE POLICE. ANNEXURE A9:- COPY OF THE 161 STATEMENT GIVEN BY CW-6, IN CRIME NO.319/2009 OF PULINKUNNU POLICE STATION TO THE POLICE. ANNEXURE A10:- COPY OF THE 161 STATEMENT GIVEN BY CW-7, IN CRIME NO.319/2009 OF PULINKUNNU POLICE STATION TOTHE POLICE. ANNEXURE A11:- COPY OF THE 161 STATEMENT GIVEN BY CW-8, IN CRIME NO.319/2009 OF PULINKUNNU POLICE STATION TO THE POLICE. ANNEXURE A12:- COPY OF THE 161 STATEMENT GIVEN BY CW-9, IN CRIME NO.319/2009 OF PULINKUNNU POLICE STATION TO THE POLICE. RESPONDENTS' ANNEXURES - NIL /TRUE COPY/ P.A.TO JUDGE DG N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3560 of 2011 ----------------------------------- Dated this the 23rd day of November 2011 O R D E R Petitioner is the 3rd accused in C.C.No.1392/2010 on the file of J.F.C.M., Ramankary. Petitioner herein is stated to be a Document Writer. The allegation as against him is that in pursuance of a criminal conspiracy, document was written by accused Nos.1 and 2 with the help of the petitioner herein showing the wrong boundary so as to cause wrongful loss to the person in actual possession of the property. 2. Learned counsel for the petitioner submits that there is absolutely no allegation against this petitioner and that if at all it is only a civil dispute which cannot be given the cloak of a criminal complaint. If there was concealment of fact and if the act of the accused had caused wrongful loss or wrongful gain to himself, that may be the circumstance to hold that it was done with dishonest intention. However, those are not matters to be gone into Crl.M.C. No.3560 of 2011 -: 2 :- by this Court since it is actually a question of fact to be decided based on the evidence to be adduced during trial. It is open to the petitioner to move the trial court for an order of discharge, if he is so advised. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt