High Court of Kerala dismissed a criminal Miscellaneous Petition under Section 482 Cr.P.C. challenging a rejection of a Section 239 discharge plea in a cheating and forgery case.
Petition under Section 482 Cr.P.C. dismissed; restitution of accused dismissed.
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 RAJA VIJAYARAGHAVAN V
TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941
Crl.MC.No.5144 of 2018
CC 105/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KALADY DATED 03-04-2018
CRIME NO.59/2012 OF KALADY POLICE STATION , ERNAKULAM
PETITIONER/ACCUSED:
P.K.SHAJAHAN AGED 44 YEARS S/O.KUNJUMOIDEEN,PARELL HOUSE, CHENGAL,KANJOOR, VADAKKUMBHAGOM VILLAGE, KALADY.
BY ADVS. SRI.T.G.RAJENDRAN SRI.T.R.TARIN
RESPONDENTS/COMPLAINANT AND STATE:
1 THE SUB INSPECTOR OF POLICE KALADY POLICE STATION, ERNAKULAM DISTRICT - 683 574.
2 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031.
SMT M K PUSHPALATHA SR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
This petition is filed under Section 482 of the Cr.P.C.
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certificates were forged. He would contend that the charge against him was groundless and prays that he may be discharged.
prayer. She would contend that the investigation revealed that the certificates which were seized from the house of the petitioner herein were in fact forged. Reports were obtained from the NCVT and the University and the said materials clearly substantiate the case of the prosecution. It is submitted that the learned Magistrate after considering all aspects had concluded that it is not a fit case warranting discharge.
This petition will stand dismissed.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
IAP
//TRUE COPY// P.A. TO JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I THE TRUE COPY OF THE FINAL REPORT IN C.C.NO.105/17 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALADY. ANNEXURE II COPY OF THE PETITION FOR DISCHARGE DATED 25/1/2018.
ANNEXURE III COPY OF THE ORDER IN CMP NO.89/2018 IN C.C.NO.105/2017 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALADY.
RESPONDENTS' EXHIBITS:
NIL
1 issue framed by the court
Whether warrant of an offence was made under Section 468 of the IPC considering possession of forged certificates.
3 provisions across 2 enactments
P.K. SHAJAHAN
THE STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
