The High Court of Kerala rejected the petitioner's plea to quash criminal proceedings for forgery under IPC. The court held that the dispute involved disputed documents regarding property and lacked civil material, necessitating a thorough investigation instead.
The criminal miscellaneous case was dismissed; investigation ordered.
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 A.M.BABU
TUESDAY, THE 17TH DAY OF JANUARY 2017/27TH POUSHA, 1938
Crl.MC.No. 855 of 2013 ()
CRIME NO. 724/2012 OF MATTANCHERRY POLICE STATION , ERNAKULAM
PETITIONER(S)/1ST ACCUSED:
N.J.GEORGE
AGED 70, S/O.JOSEPH, NEDUPARAMBIL, MUNDAMVELIL, RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.
BY ADVS.SRI.C.M.NAZAR SRI.MANSOOR.B.H. SRI.SHAJI P.MATHEW
RESPONDENT(S)/STATE AND COMPLAINANT:
1. STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, MATTANCHERY PS, ERNAKULAM DIST.
2. GEORGE SEBASTIAN K.J, S/O.K.V.JOSEPH, KURUPPASSERIL HOUSE KUMBALANGI, KOCHI - 7, KUMBALANGI VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. 682 002
R2 BY ADV. SRI.VARGHESE C.KURIAKOSE R2 BY ADV. SRI.G.MANU KRISHNAN R1 BY ADV.MAYA.M.N,PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.No.855 OF 2013
APPENDIX
PETITIONER(S) EXHIBITS
| ANNEXURE-A: | CERTIFIED COPY OF THE FIR IN CRIME NO.724/12 OF MATTANCHERY POLICE STATION. |
|---|---|
| ANNEXURE-B: | TRUE COPY OF THE AGREEMENT DATED 18.10.2001 ENTERED INTO BETWEEN THE PETITIONER AND THE MOTHER OF THE 2ND RESPONDENT. |
| ANNEXURE-C: | A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE MOTHER OF THE 2ND RESPONDENT ON 18.11.2003. |
| ANNEXURE-D: | A TRUE COPY OF PLAINT IN OS NO.81/2006 FILED BY THE MOTHER OF THE 2ND RESPONDENT BEFORE THE SUB COURT, KOCHI. |
| ANNEXURE-E: | A TRUE COPY OF THE JUDGEMENT DATED 23.7.11 PASSED BY THE SUB COURT, KOCHI IN OS NO.81/2006 |
| ANNEXURE-F: | A TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JFM II, KOCHI. |
RESPONDENTS' EXHIBITS
| NIL | |
|---|---|
| TRUE COPY | |
| SKS | P.A TO JUDGE |
A.M.BABU, J.
Crl.M.C NO. 855 OF 2013 -----------------------------Dated 17th January, 2017
ORDER
Petitioner is the first accused in crime no.724/2012 of Mattanchery police station. He calls upon this Court to invoke its jurisdiction under Sec.482 of the Cr.P.C to get the entire proceedings in crime no.724/2012 quashed.
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Crl.M.C NO. 855 OF 2013
petitioner is the younger brother of Mary who is the mother of the second respondent. There was a partition suit, OS 187/1991. The petitioner was one of the plaintiffs and Mary was one of the defendants in that suit. The suit was decreed. Each sharer was allotted 8.25 cents of land. The above facts are admitted facts.
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Crl.M.C NO. 855 OF 2013
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Crl.M.C NO. 855 OF 2013
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Crl.M.C NO. 855 OF 2013
impressions in the disputed documents need to be compared with the signature/thump impression of Mary. An expert's opinion may be essential to bring the truth. The attempt to bulldoze the case at its very inception cannot be permitted.
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Crl.M.C NO. 855 OF 2013
was registered without any material. Investigation should go
on. The Crl.M.C is devoid of merit. The same deserves
dismissal. Dismissed.
A.M.BABU Judge
sks/18.1.2017
2 issues framed by the court
Whether the criminal proceedings in the case can be quashed under Section 482 of CrPC.
Whether the alleged civil dispute between the parties warrants quashing of the criminal prosecution for forgery.
3 provisions across 2 enactments
N.J. GEORGE
STATE OF KERALA
GEORGE SEBASTIAN K.J
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
