In a case involving offences of cheating, forgery, and using forged documents for SIM card acquisition, the Kerala High Court quashed criminal proceedings due to the absence of seized forged documents, which are primary evidence required for conviction.
Quashed all further proceedings in C.C.No.824 of 2014 at Kayamkulam against the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 15TH DAY OF FEBRUARY 2016/26TH MAGHA, 1937
Crl.MC.No. 198 of 2016
CC 824/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM CRIME NO. 1367/2010 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
PETITIONER(S)ACCUSED:
BINU, S/O.BHARATHAN, MINI NIVAS, EAST OF OODATHIL JUNCTION, PERINGALA MURI, KAYAMKULAM VILLAGE.
BY ADV. SRI.BASANT BALAJI
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KAYAMKULAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 036.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 198 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE 1- CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1367/2010 OF KAYAMKULAM POLICE STATION
RESPONDENT(S)' ANNEXURE
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
B. KEMAL PASHA, J.
====================
CRL.M.C. No.198 of 2016
====================
Dated this the 15th day of February, 2016
O R D E R
The petitioner is the accused in C.C.No.824 of 2014 of the Judicial First Class Magistrate's Court, Kayamkulam, which has arisen from Crime No.1367 of 2010 of the Kayamkulam Police Station, for the offences under Sections 420, 468 and 471 IPC.
CRL.M.C.No.198 of 2016
-: 2 :-
absolutely nothing to connect him with any of the offences alleged.
no documents have been seized in the case, and the photocopies of the ID proof allegedly furnished by the petitioner for obtaining the SIM card have not been seized in the case. When the case relates to forgery, forgery for the purpose of cheating, as well as for making use of such forged documents as genuine, the primary evidence required in the matter is the documents forged or fabricated and allegedly made use of as genuine. When those documents have not been seized, there is no possibility of a conviction in the matter and the continued proceedings in C.C.No.824 of 2014 of the Judicial First Class Magistrate's Court, Kayamkulam will be waste of time. Therefore, the same are liable to be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.824 of 2014 of the Judicial First
CRL.M.C.No.198 of 2016
-: 3 :-
Class Magistrate's Court, Kayamkulam, as against the petitioner, based on Annexure-1 Final Report in Crime No.1367 of 2010 of the Kayamkulam Police Station, are
hereby quashed.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/15/2/16
// True Copy //
P.A. To Judge
3 issues framed by the court
Whether criminal proceedings can continue without seizure of primary evidence alleged to be forged documents.
Whether non-seizure of SIM card and ID proof documents vitiates the basis of offences under IPC Sections 420, 468 and 471.
Whether the High Court should quash criminal proceedings where the alleged forged documents were not seized by police.
Binu
State of Kerala
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
