Petition to quash forgery and criminal conspiracy proceedings against a former bank secretary, based on an alleged settlement with the de facto complainant. The court held the crime involved public interest as it concerned forged bank mortgage documents, and settlements were lacking with other witnesses, so quashing was improper.
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 BECHU KURIAN THOMAS
MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA,
1945
CRL.MC NO. 1720 OF 2023
CRIME NO.157/2008 OF VARAPPUZHA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.681 OF 2015
OF JUDICIAL FIRST CLASS MAGISTRATE COURT- III, NORTH
PARAVUR
PETITIONER/1ST ACCUSED :
MURALEEDHARA PAI, AGED 75 YEARS S/OSREENIVASA PAI, THOTTU MADATHIL HOUSE, THUNDATHUMKADAVU KARA, VARAPPUZHA VILLAGE, ERNAKULAM, PIN – 683 517. BY ADVS.
C.K.RAPHEEQUE
K.B.NIDHINKUMAR
NIDHIN K.N.
SHEKHA SIYAD P.
SEEGA JOY
RESPONDENT/STATE/DEFACTO COMPLAINANT :
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.2 ALBERT EBY, AGED 55 YEARS S/O SHOURUNNI, VEVUKAATTU HOUSE, T-SQUARE LANE, PACHALAM KARA, ERNAKULAM VILLAGE, ERNAKULAM DISTRICT, PIN – 682 018.SMT. SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 1720 OF 2023
2
BECHU KURIAN THOMAS, J
......….............................................
…................................................
Dated this the 11th day of March, 2024
ORDER
Petitioner is the first accused in C.C.No.681/2015 on the files of the
Judicial First Class Magistrate Court-III, North Paravur, which arose out of Crime No.157/2008 of Varappuzha Police Station, registered for the offences punishable under Sections 120B, 468, 471 r/w 34 of the Indian Penal Code, 1860.
CRL.MC NO. 1720 OF 2023
3
same for defrauding various persons, including the second respondent and CW17, CW18, and CW19. The nature of the allegations indicate that the crime has a public interest, especially since, the Bank is carrying on a public duty. Serious prejudice will be caused to the public, if documents relating to mortgages are forged by the persons, who are in custody of those documents.
Accordingly, I dismiss this Crl.M.C.
sd/BECHU KURIAN THOMAS
AMV/12/03/2024
CRL.MC NO. 1720 OF 2023
4
APPENDIX OF CRL.MC 1720/2023
PETITIONER ANNEXURES
ANNEXURE A1CERTIFIED COPY OF SAID FIRST INFORMATION
REPORT DATED 11.04.2008 IN CRIME NO.157/08
OF VARAPPUZHA POLICE STATION, ERNAKULAM
DISTRICT.
ANNEXURE A2CERTIFIED COPY OF THE FINAL REPORT DATED
31.10.2009 IN C.C.NO. 681/15 ON THE FILE OF
THE JUDICIAL FIRST-CLASS MAGISTRATE III,
NORTH PARAVUR.
ANNEXURE A3ORIGINAL AFFIDAVIT DATED 28.01.2023 OF THE
2ND RESPONDENT.
TRUE COPY
1 issue framed by the court
Whether criminal proceedings for forgery of bank mortgage documents can be quashed under Section 482 Cr.P.C. on the basis of a settlement with the de facto complainant.
Colour shows how this judgement treated each authority
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on¶5
(2019) 5 SCC 688 · Who else cites this
2 provisions across 2 enactments
MURALEEDHARA PAI
THE STATE OF KERALA
ALBERT EBY
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court