Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946 CRL.MC NO. 7027 OF 2023 CRIME NO.822/2022 OF Palode Police Station, Thiruvananthapuram CC NO.196 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,NEDUMANGAD PETITIONER/ACCUSED NOS.1 & 2: 1 JILANISAFARULLA AGED 41 YEARS S/O SAFARULLA, AGED 41 YEARS, KATTAYATH HOUSE, KARIYAPPUZHAKAVANADUKOCHUNADATHEKKETHIL, SAKTHIKULANGARA VILLAGE,KOLLAM DISTRICT NOW RESIDING AT UZHAPPALLAYIL HOUSE, SLAB LINE,PONOTH ROAD,KALOOR,ERNAKULAM, PIN - 682017.
2 PRAMOD, AGED 36 YEARS S/O RAJKUMAR, AGED 36 YEARS, THADATHIRIKATH HOUSE, PACHAPALUVALLYVAZHAPPARA PR HOUSE, KUTTUPUZHAVILLAGE, THIRUVALLAPATHANAMTHITTA DISTRICT, PIN - 689103. BY ADV K.BIJU RESPONDENT/COMPLAINANT/DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. 2 STATION HOUSE OFFICER PALOD POLICE STATION, THIRUVANATHAPURAM RURAL, THIRUVANANTHAPURAM, PIN - 695562. 3 BABU G, AGED 62 YEARS S/O. GEORGE, 18/246, DHANYABHAVAN, PALUVALLY, MEENMUTTY CRL.MC NO. 7027 OF 2023 2 P O., PALODE, THIRUVANANTHAPURAM, PIN - 695562. 4 REMYA J. D/O. BABU G, 18/246, DHANYABHAVAN, PALUVALLY, MEENMUTTY P O., PALODE, THIRUVANANTHAPURAM, PIN - 695562. 5 DHANYA, AGED 33 YEARS D/O,JASEENTHA, THOTTUMPURAM HOUSE, THIRUVAMPADY VILLAGE, KOZHIKODE DISTRICT, PIN - 673603. 6 RAJESH S/O RAJENDRANTHOTTUMPURAM HOUSE THIRUVAMPADYVILLAGE THIRUVAMPADY KOZHIKODE DISTRIC, PIN - 673603.
BY ADVS. J.G.SYAMNATH A.KRISHNA PRIYA(K/002600/2023) SRI. G. SUDHEER, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 7027 OF 2023 3
ORDER
Learned counsel for the petitioners strenuously contended that going by the 161 statements of witnesses and the final report, offences under Sections 463 and 468 are not made out as there is no material to prove that the petitioners are the makers of the forged document.
2. Having heard the learned counsel for the de facto
complainant also, this Court is of the definite opinion that the appropriate remedy is to approach the trial court seeking discharge, that court being better equipped to take a decision based on the contentions now raised, since all materials collected during the investigation is available with that court. The Crl.M.C is accordingly closed, reserving the petitioners’ right to move for discharge before the trial court and directing the court below to consider the discharge petition if filed, and pass a reasoned order, adverting to the legal and factual contentions urged by the petitioners. If the petitioners file CRL.MC NO. 7027 OF 2023 4 applications seeking exemption from personal appearance until the discharge petition is decided, that request shall also be considered. Sd/- V.G.ARUN JUDGE Sru CRL.MC NO. 7027 OF 2023 5 APPENDIX OF CRL.MC 7027/2023 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO. 822 OF 2022 DATED 08.08.2022 OF PALOD POLICE STATION THIRUVANATHAPURAM RURAL Annexure 2 CERTIFIED COPY OF THE FINAL REPORT DATED
31.01.2023 IN CC 196 OF 2023 (CRIME NO. 822 OF 2022 OF PALOD POLICE STATION, THIRUVANATHAPURAM RURAL) ON THE FILE OF THE JFCM COURT-1 NEDUMANGAD (FO)