Allowed

Chandran Chandroth v. State of Kerala

Kerala HC5 Oct 2020Crl.MC/1868/2019

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings against the petitioner and co-accused related to a death certificate application, holding that bona fide mistakes in execution of official duty do not constitute forgery or cheating and the dispute is civil in nature.

What did the court decide?

The Criminal Misc. Case and all proceedings against the petitioner in the underlying criminal case are quashed.

Chandran Chandroth Vs State of Kerala — Corruption | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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MONDAY, THE 05TH DAY OF OCTOBER 2020 / 13TH ASWINA, 1942

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Crl.MC.No.1868 OF 2019(C)

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AGAINST THE ORDER/JUDGMENT IN CC 123/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,THALASSERY

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CRIME NO.238/2011 OF THALASSERY POLICE STATION , KANNUR

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PETITIONER/4TH ACCUSED

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CHANDRAN CHANDROTH AGED 64 YEARS ADVOCATE, S/O.RAMAN NAIR, ABHIRAM, VENU CORNER, THALASSERY, KANNUR DISTRICT.

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BY ADV. SRI.C.P.PEETHAMBARAN

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 P.K.PRAMEELA W/O.NADUKKANDI ACHUTHAN, GURIKKALEDATH HOUSE, TMC 50/252, NEAR JUDGES BUNGLOW, THALASSERY, KANNUR DISTRICT-679532.

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R1 BY ADV.SRI.RAMESH CHAND,PUBLIC PROSECUTOR R2 BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1868 OF 2019(C)

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ORDER

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Crime was registered for the offence under Sections 120B, 167, 182, 193, 196, 200, 465, 420, 500, 503 r/w Section 34 IPC. The dispute is with

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respect to a death certificate issued by a competent

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authority for which a notarized affidavit was submitted by the accused No.4, the petitioner herein, wherein he made a declaration that the said affidavit sworn for and on behalf of himself and all other legal heirs of one deceased Kampil Kalathil

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Damodaran. It is so unfortunate that the crime was registered against the Tahsildar and other officials

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along with the petitioner herein as 4^th accused

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alleging forgery, cheating and other offences. The

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application submitted for getting death certificate before the Revenue Divisional Officer was forwarded

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to the Tahsildar. Report of the Village Officer was

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also obtained. It is thereafter, the death

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certificate was issued based on the report of the

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Village Officer. But, the Village Officer was not

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made as an accused in the crime. The exercise of

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Crl.MC.No.1868 OF 2019(C)

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official duties or any bona fide mistake crept in

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the discharge of official duties may not itself constitute an offence. Submission of an application for getting death certificate by accused No.4 in accordance with the legal requirement also will not constitute any case of forgery or cheating. Admittedly, nobody else submitted any application for getting death certificate. What is complied with by accused No.4 by submitting an affidavit for himself and other legal heirs also would not itself constitute any offence of forgery or cheating. Whether he was competent to make such an affidavit for and on behalf of all other legal heirs would be a civil dispute. The registration of crime is really an abuse of process of court, hence, liable

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to be quashed under Section 482 Cr.P.C. I do so.

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The Crl.M.C. is allowed accordingly.

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Sd/-

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P.SOMARAJAN JUDGE

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SPV

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Crl.MC.No.1868 OF 2019(C)

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The concluding portion of the final order

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dated 05/10/2020 in Crl.M.C.1868/2019 is corrected as “all the proceedings against the petitioner in C.C.No.123/2019 of Judicial First Class Magistrate Court, Thalassery is hereby quashed” as per the order dated 11/02/2021 in Crl.M.A.1/2021 in Crl.M.C.1868/2019.

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Sd/Deputy Registrar

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Crl.MC.No.1868 OF 2019(C)

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1	CERTIFIED COPY OF THE AFFIDAVIT OF K.BHASKARAN DULY ATTESTED BY THE PETITIONER AS NOTARY PUBLIC DATED 20/08/2003.
ANNEXURE A2	TRUE COPY OF THE ORDER DATED 11/7/2011 IN CRL.M.C.NO.1513/2011 OF THIS HON'BLE COURT.
ANNEXURE A3	CERTIFIED COPY OF THE ORDER DATED 7.5.2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY IN CMP NO.2556/2012 IN CRIME NO.238/2011 OF THALASSERY POLICE STATION ALONG WITH REPORT OF THE POLICE.
ANNEXURE A4	CERTIFIED COPY OF THE CASE DIARY IN CRIME NO.238/2011 OF THALASSERY POLICE STATION ALONG WITH FINAL REPORT.
ANNEXURE A5	CERTIFIED COPY OF THE COMPLAINT IN CMP NO.762/2015 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Chandran Chandroth v. State of Kerala

Case brief

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Chandran Chandroth v. State of Kerala

Case brief

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