IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.MC.No. 2141 of 2009() ------------------------- CC.371/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY AND L.P.R.NO.16/08. .................... PETITIONER(S): IST ACCUSED: --------------------------------------------------- K.P.SAIDALI, AGED 55 YEARS, S/O.PAREEKUTTY, KALATHILTHODI HOUSE, SHIRA MANZIL, PAZHAYANNUR, THRISSUR. BY ADVS. MR.V.M.KRISHNAKUMAR, SMT.P.A.ANITHA RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADAKKANCHERY. 3. JOINT REGIONAL TRANSPORT OFFICER, VADAKKANCHERY. 4. M/S.POONAM FINANCE CORPORATION, PUROHIT HOUSE, 144 MINI STREET, 2ND FLOOR, SOWCARPET, MADRAS-79. R1 TO R3 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2141 OF 2009 ------------------------------------------ Dated 14th August 2009 O R D E R Petitioner is the first accused in C.C.371/2004 on the file of Judicial First Class Magistrate, Vadakkanchery now pending as L.P.16/2008. Prosecution case is that petitioner is the R.C owner of KL-8-B- 9300 car with an outstanding liability to financiers, Poonam Financiers Madras, the fourth respondent and in furtherance of their common intention with petitioner, his son second accused forged records to show that liability of fourth respondent has been cleared and presented the record before third respondent Joint Regional Transport Officer and changed the R.C in favour of second accused and thereby committed offence under Sections 468 and 471 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure contending that petitioner is working abroad and is only having menial job and he is not involved in the case at all and therefore the case CRMC 2141/09 2 as against petitioner is only an abuse of process of the court and second accused son committed the acts due to his immaturity and therefore the case is to be quashed. 2. Learned counsel appearing for petitioner and first respondent and learned Public Prosecutor were heard. 3. On hearing the learned counsel and learned Public Prosecutor, I do not find that it is for this court to exercise the inherent powers under Section 482 of Code of Criminal Procedure to quash the case, when allegation against petitioner is that second accused forged documents and changed R.C from the name of the petitioner to his name, as if liability to fourth respondent was cleared, in furtherance of the common intention with the petitioner. Whether there is sufficient evidence or not is to be decided at the time of evidence. Granting liberty to the petitioner to raise all the contentions before the learned Magistrate, the petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.