IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 OP(Crl.).No. 569 of 2010(Q) ------------------------- MC.10/2009 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD ................ PETITIONER : ------------------ AMINATH SHAEEDA @ SAYEEDA.M.A, D/O.M.A.MOHAMMED, ARSHEEDH MANZIL, N.H.17, MADA, KUNJATHUR, KASARAGOD DISTRICT, PIN:671 323. BY ADVS. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT : -------------------- MOHAMED AHSRAF,S/O.UMMARABBA, RESIDING AT K.C.ROAD,TALAPADY VILLAGE, MANGALORE TALUK,D.K.DISTRICT,PIN-575 001. BY THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== O.P.(Crl).No.569 OF 2010 =========================== Dated this the 4th day of November,2010 JUDGMENT This petition is filed under Article 227 of the Constitution of India for a direction to Chief Judicial Magistrate, Kasaragod to pass appropriate order in Ext.P5 C.M.P.3909/2010, before proceeding with the evidence in M.C.10/2009 contending that the question whether the agreement purportedly executed by the petitioner is genuine or not is necessarily to be decided in the petition under section 3 (1) of Muslim Women Protection of Rights on Divorced Act, 1986. 2. Learned counsel appearing for the petitioner was heard. 3. The case of the petitioner is not that the agreement was forged while it has been in the custody of the court. The only allegation O.P.(Crl)569//2010 2 is that a forged document was produced in court. In such circumstances, learned Magistrate cannot send the document for investigation by Crime Branch as sought for in Ext.P5 application. 3. If the case of the petitioner is that the document was forged and produced before the court, he has to either approach the police by filing a complaint or approach the Magistrate by filing a private complaint. With liberty to seek appropriate remedy, petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006