IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Crl.MC.No. 987 of 2009() ------------------------ CC.136/2008 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR CRIME NO. 446/2004 OF CHATHANNUR POLICE STATION .................... PETITIONER(S): 7TH ACCUSED -------------------------- M.SULOCHANA, RETIRED JOINT SUB REGISTRAR SREELAKOM, AEROM MIDDLE, CHATHANNOOR P.O. KOLLAM DISTRICT. BY ADVS. SRI.ALAN PAPALI SRI.P.K.VIJAYAMOHANAN SRI.SOJAN MICHEAL SMT.DHANYA P.ASHOKAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP5RESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (SUB INSPECTOR OF POLICE,CHATHANNOOR) PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 987 OF 200 --------------------------------- Dated this the 13th day of March, 2009 O R D E R This petition is filed with a prayer to quash all the proceedings in C.C. 136/2008 of the Judicial First Class Magistrate, Paravur. The petitioner herein is the 7th accused in the case. The case against her and six others are alleging offences under Sections 420, 464, 467, 468 and 120B of the Indian Penal Code. It is the case of the defacto complainant impersonating her and playing fraud, a document is created with respect to her property and she came to know about it when she had gone to pay the tax for the property. It is alleged that all the accused had joined together and had played the fraud. The investigating officer in the final report had submitted that prima facie that on receipt of the report it was revealed that the thumb impression in the register taken is not that of the defacto complainant. So at this stage there are some materials to proceed with the case. The act of each of the accused is a matter that has to be probed into and the 7th accused was the Crl.M.C. 987/2009 -2- Sub Registrar who registered the document at the relevant time. At this stage the criminal proceedings cannot be quashed and if she wants to take plea of discharge with the materials available, she can do so before the court below. This Crl.M.C is disposed of with that direction. M.N. KRISHNAN, JUDGE vkm