Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH DAY OF JANUARY 2013 17TH POUSHA 193 Crl.MC.No. 3909 of 2012 () -------------------------- CC.369/2009 OF CHIEF JUDICIAL MAGISTRATE COURT. KOZHIKODE. ................. PETITIONER/1ST ACCUSED: ---------------------------------------- KARIMBIL DEVARAJ, S/O.APPU, AGED 6 YEARS, KARIMBIL HOUSE, JOSEPH ROAD, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ”
031. BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 3909 of 2012 APPENDIX PETITIONER'S EXHIBITS:- ANNEXURE-1: COPY OF THE CHARGE SUBMITTED BY THE POLICE IN C.C.369/09 BEFORE THE COURT OF C.J.M., KOZHIKODE. ANNEXURE-2: COURT CHARGE IN C.C. 369/09 BEFORE THE COURT OF C.J.M., KOZHIKODE. ANNEXURE-3: COPY OF THE STATEMENT OF CW-1 PRABHAVATI, RECORDED BY THE POLICE. ANNEXURE-4: COPY OF THE STATEMENT OF CW-2 P.T.JYOTHIRAM, RECORDED BY THE POLICE. ANNEXURE-5: COPY OF THE STATEMENT OF CW-3 PUSHPODARAN, RECORDED BY THE POLICE. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~ Criminal M.C.No.3909/2012 ~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of January, 2013 ORDER
The petitioner is the first accused in C.C.No.369/09 of the Chief Judicial Magistrate, Kozhikode. He is seeking to quash the proceedings in the case itself by contending that the successful prosecution cannot be sustained by the charge claimed by the petition. The offences alleged are under Sections 468, 471, 420 read with Section 34 of the Indian Penal Code. The final report is produced as Annexure-1 where the offences alleged are under Sections 468, 471 and 511 of 420 read with 34 of the Indian Penal Code.
2. It is a case where the petitioner, who is a retired Government servant of a Judicial Department and was also a Judicial Officer, in order to avail loan from the Kerala State Financial Enterprises approached the Branch Manager at its Mavoor Road Branch. The substance of the allegations is that the salary certificates of the sureties are not original, and were fake. Para.4 of the criminal miscellaneous case shows that the petitioner had applied for discharge before the court below under Section 239 of the Code of Criminal Procedure which was rejected and the Crl.R.P.No.2059/2012 filed before this Court challenging the same also stands rejected. Annexure-2 is the copy of the court charge and Annexures-3 to 5 are the statements of CWs.1, 2 and 3. Crl.M.C No.3909/2012 -:2:- 3. Learned counsel for the petitioner Shri Salil Narayanan submitted that as far as the petitioner is concerned, he had no occasion in fabricating the fake salary certificates. It is therefore submitted that a reading of the charge will show that none of the offences could be levelled against him and are unsustainable. Therefore, the trial will result in harassment to the petitioner and the case itself is an abuse of the process of the court. Learned counsel relied upon the details of the charge as well as the statements of the witnesses.
4. Having heard the learned counsel for the petitioner in extenso, I do not find any ground at this stage to quash the further proceedings in the case itself. Of course, the petitioner will have to raise all these defences before the trial court. For this Court, at this stage to quash the case, it should be revealed that on a reading of the charge no offences are made out. The contentions raised herein by the petitioner, are on the merits of the transactions and other factors. It is evident that this Court, at this stage cannot go into such details.
5. Whether the persons who have produced the salary certificates alone will be liable is a matter for the trial court to consider at the appropriate stage. Leaving open the remedy of the petitioner to take all defences before the trial court, the criminal miscellaneous case is disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms