IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.MC.No. 874 of 2011() ------------------------ CRIME NO.279/2011 OF CHANGANACHERRY POLICESTATION PETITIONER(S): 1ST ACCUSED -------------------------- JACOB MAMMEN, AGED 35 YEARS, MADUKOLIL VEETTIL, PUTHENPURACKAL, PUTHUSSERRY MURI, KALLOOPARA VILLAGE, MALAPPALLY TALUK. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHANGANACHERRY-686001. 3. SUMA DARPHIN, AGED 38, W/O. DARPHIN, MADUKOLIL VEETTIL, PUTHENPURACKAL,PUTHUSSERRY MURI KALLOOPARA VILLAGE,MALAPPALLY TALUK-686515. 4. MARTIN GEORGE, CHAPAKKULAM VEETTIL, VAZHAPPALLY KIZHAKKU VILLAGE, CHANGANACHERRY TALUK-686001. 5. MANOHARAN, S/O. MADHAVAN, KARUKAYIL VEETTIL, CHANGANACHERRY VILLAGE AND TALUK-686001. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 & R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.874 of 2011 -------------------------------------- Dated this the 24th day of March, 2011. ORDER Petitioner is first accused in Crime No.279 of 2011 of Changanacherry Police Station for offences punishable under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code. Allegation is that petitioner and other accused by impersonation forged a Will as if it is executed by the mother-in-law of respondent No.3 (mother of the petitioner). After death of mother-in-law of respondent No.3, there happened to be civil suits between petitioner and respondent No.3 where petitioner claimed right over the property as per the impugned Will which according to respondent No.3 is created in the manner stated above. Thereon respondent No.3 filed a private complaint which was forwarded to the Police for investigation and accordingly the Changanacherry Police has registered Crime No.279 of 2011. Learned counsel submitted that the dispute is of civil nature and that the matter is pending in civil court. I have heard learned Public Prosecutor also. 2. It is not as if because the dispute regarding genuineness of the Will is pending consideration of the civil court the Police has no power to register a case concerning the alleged offences. Allegation is concerning impersonation Crl.MC No.874/2011 2 and forgery of the impugned Will in the year 2003 and the civil cases are instituted only much thereafter. In the circumstances, it is not possible to quash the complaint or further proceeding in investigation against petitioner. 3. It is submitted by learned counsel that Police is harassing petitioner. I have heard learned Public Prosecutor in this regard. 4. Section 160 of the Code of Criminal Procedure (for short, “the Code”) empowers the Police Officer investigating a case to summon any person acquainted with the facts and circumstances of the case in the manner stated therein. It is therefore directed that in case the Police Officer investigating the case requires to question the petitioner, he shall do so in compliance with Section 160 of the Code. With the above direction this petition is closed. THOMAS P.JOSEPH, Judge. cks