IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Crl.MC.No. 2545 of 2007() ------------------------- CC.355/2002 of ADDL.ASSISTANT SESSIONS COURT, PARAVUR .................... PETITIONER(S): ACCUSED ----------------------- A.M.ABDUL KHADER, S/O. MOHAMMED HAJI, ASARIPARAMBIL HOUSE, CHANDIROOR. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENT(S): COMPLAINANT --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THADDIYITTAPARAMB. ADDL.R3 TO 5 R3. K.M.HASIM THANGAL, CHAIRMAN, HAMIYA HASSANIYA R4. MOULANA MOHAMMED NOOH, SECRETARY, JAMIYA HASSANIYA R5. C.K.ABDUL RAHAMAN HAJI, TREASURE, JAMIYA HASSANIYA ADDL.R3, R4, R5 IMPLEADED AS PER ORDER DATED 20.8.2007 IN CRL.M.A.3892/2007 R1 & R2 BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU SRI.S.MAMMU FOR R3-5 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER NO REPRESENTATION FOR THE PETITIONER. HENCE, IT IS DISMISSED FOR NON-PROSECUTION. 15.2.2010 SD/-K.HEMA, JUDGE /TRUE COPY/ P.S.TO JUDGE K.HEMA, J ----------------------------------------------- Crl.M.C.No.2545 of 2007 ----------------------------------------------- Dated this the 9th day of March, 2010 O R D E R Petition filed to quash Annexure-A2 charge sheet and further proceedings based on the same. 2. As per Annexure-A2 charge sheet, petitioner forged a Resolution purported to be passed by a Trust with intention to sell certain property belonging to the Trust. He had also created false documents (3 sale deeds) and also a Power of Attorney without getting the signature of CW1 to 3 and on 1.12.1999, the sale was effected as per 3 documents and thereby committed forgery and cheating under Section 468 and 420 IPC. 3. Learned counsel for petitioner submitted that no documents were falsely created as alleged in the charge sheet. The Power of Attorney is not a forged document. No Resolution Crl.M.C.No.2545 of 2007 -:2:- was also created falsely but the transaction was in accordance with law. Challenging the validity of 3 sale deeds, a suit was filed (O.S.388/2000) before the Additional Sub Court against petitioner as first defendant on the same set of facts alleging forgery in respect of the same Resolution, Power of Attorney etc. 4. After elaborate trial, the suit was dismissed as per Annexure A1 Judgment of the Additional Sub Judge dated 3.1.2007. The said judgment has become final and the respondent-complainant has not challenged the same. There is a clear finding of the civil court that petitioner had executed sale deed on the strength of duly executed Power of Attorney by the Chairman, Secretary and Treasurer of the Society as contended in the written statement. In the above circumstances, the proceedings initiated against petitioner may be quashed, it is submitted. 5. On hearing both sides, I find that on the same set of facts alleged in the charge sheet, a suit was filed against petitioner and the learned Additional Sub Judge, as per Annexure A1 judgment, entered a finding that the suit is an Crl.M.C.No.2545 of 2007 -:3:- experimental one, projecting utter falsehood suppressing the documents which are readily available with the plaintiff and there is no merit in the plaintiff's contention and the suit for declaration was dismissed. Learned Additional Sub Judge has also held that petitioner had executed the sale deed on the strength of duly executed Power of Attorney by the Chairman, Secretary and Treasurer of the Society as contended by him. In the above circumstances, I am satisfied that if proceedings are continued against petitioner, on the basis of the allegations made in the charge sheet(Annexure A2) it will amount to abuse of process of court. Hence, the proceedings are to be quashed. In the result, the following order is passed. 1) Annexure-A2 charge sheet is hereby quashed. 2) Proceedings initiated against petitioner based on Annexure-A2 shall be dropped. Petition is allowed. K.HEMA, JUDGE krs.