Petitioner sought quashing of FIR regarding alleged forgery of nativity certificate. Court dismissed petition upholding right of police to continue investigation until real culprits identified.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930
Crl.MC.No. 2847 of 2008()
CRIME NO.353/06 OF PUTHUNAGARAM POLICE STATION
PETITIONER(S): ---------------
ARUL DAS, S/O.CHANDRAN ROADARIKATHU PUTHEN VEEDU NEAR CONVENT, NELLIVILA PO., VENGANOOR VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.G.SUDHEER
RESPONDENT(S): ---------------
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
PUBLIC PROSECUTOR SRI. S.U. NAZAR.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
------------------------------------------------Crl.M.C. No. 2847 of 2008
Dated this the 6th day of November, 2008
ORDER
The Vizhinjam police had registered a crime alleging offences punishable under Secs.465 and 471 read with Sec.34 IPC. Allegations in that crime relate to the forgery of a nativity certificate. That allegedly forged nativity certificate was used within the jurisdiction of the Nadakkavu Police Station. The crime was hence transferred for investigation to the Nadakkavu Police Station. The Nadakkavu police have registered a crime on transfer. Investigation was conducted. Final report was filed dropping further action not on the ground that there was any mistake of fact; but that the real accused had not been identified.
Crl.M.C. No. 2847 of 2008 -: 2 :-
allegation is that the certificate has been issued by the officials within the jurisdiction of that Police Station. A crime has been registered. Investigation is in progress. The petitioner prays that the powers under Sec.482 Cr.P.C. may be invoked to quash the FIR registered at the Puthunagaram Police Station.
Crl.M.C. No. 2847 of 2008 -: 3 :-
direction under Sec.482 Cr.P.C., submits the learned Public Prosecutor.
Sd/-
(R. BASANT, JUDGE)
Nan/ //TRUE COPY// P.S. to Judge
Crl.M.C. No. 2847 of 2008 -: 4 :-
3 issues framed by the court
Whether powers under Sec.482 Cr.P.C. can be invoked to quash FIR registered at Puthunagaram police station.
Whether investigation into forgery allegations can be forestalled at this stage.
Whether justice would be met by allowing police to continue investigation without quashing proceedings.
1 provisions across 1 enactments
ARUL DAS
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
