Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 CRL.MC NO. 170 OF 2023 CRIME NO.546/2022 OF NEDUMBASSERRY AIRPORT POLICE STATION, ERNAKULAM DISTRICT PETITIONER: VINOD, AGED 41 YEARS, S/O. VISHWAMBARAN, PROPRIETOR, M/S LABOURS SAND PARK, KATTAKOIKKAL, RAILWAY STATION, NANGYARKULANGARA, ALAPPUZHA - 690 513. BY ADV SHABU SREEDHARAN RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
-------------------------------- Crl.M.C.No.170 of 2023 --------------------------------- Dated this the 31st day of January, 2023
ORDER
Petitioner is the first accused in Crime No.546 of 2022 of
Nedumbassery Airport Police Station, Ernakulam. Petitioner claims to be the proprietor of M/s Labours Sand Park, engaged in storing and selling of sand and other building materials. According to him he had purchased two vehicles in an auction proceeding held at Delhi. Pursuant to the purchase at auction, petitioner is alleged to have given orders to a company to build two trailers for the use of the said vehicle and though the trailers were ready the required papers for transfer of registration in the name of the petitioner was not ready. In the mean time petitioner obtained registration for two vehicles as KL-29-T-1246 and KL-29-T-1294. The prosecution alleges that petitioner had, in order to evade tax due to the Motor Vehicles Department, fixed a forged number plate on the trailer vehicle standing in his name and used the vehicle and thereby committed the offence of forgery and cheating.
2. Sri. Shabu Sreedharan, the learned counsel for the petitioner
contended that the prosecution allegations are false and that petitioner has no involvement in the alleged offence. It was also submitted that the vehicles were duly registered with the Motor Vehicles Department and that there is no occasion for any evasion of tax. However, due to a minor mistake that was allegedly committed by the driver of the petitioner, he is now being prosecuted and hence petitioner seeks to quash the FIR registered against him.
3. Smt. Seetha S., the learned Public Prosecutor contended that
investigation is going on and the petitioner is attempting to scuttle the same through this petition and also that the investigation has obtained sufficient evidence to justify the allegations in the FIR.
4. On a perusal of Annexure A4 FIR, it is seen that a crime was
registered on 25.08.2022 and the investigation is still going on. The prosecution allegations are serious in nature and it involves forgery and cheating. The investigation is continuing and it is too premature to arrive at a conclusion that the allegations do not make out any offence.
5. It is a settled principle of law, as laid down in State of
Haryana v. Bhajan Lal (1992) Suppl 1 SCC 335 that the quashing of an FIR should be done only very sparingly and that the Courts must always be cautious in interfering with an investigation.
6. Since investigation against the petitioner is only continuing
based upon Annexure A4 and the ingredients of offence under Sections 468 and 420 of IPC are made out from the FIR, I am of the view that this is not a fit case where the inherent powers of this Court under Section 482 Cr.P.C. can be invoked to quash Annexure A4 FIR. Accordingly, this Crl.M.C is dismissed. Sd/- BECHU KURIAN THOMAS, JUDGE ak APPENDIX OF CRL.MC 170/2023 PETITIONER’S ANNEXURES:- Annexure-1 THE TRUE COPIES OF THE BID WINNING LETTERS SHOWING THE FACT OF AUCTION PURCHASE OF THE VEHICLES WITH REGISTRATION NUMBER PB 13 BD 8588 AND REGISTRATION NUMBER HR 69 C 7033 DATED 7.8.2021
Annexure-2 THE TRUE COPY OF THE BILL/CASH MEMO ISSUED BY THE SANTHNAM CRANE SERVICES DATED 7.4.2022 Annexure-3 THE TRUE COPY OF THE JOB SLIP ISSUED BY THE AUTOBAHN TRUCKING CORPORATION PVT. LTD. DATED 30.4.2022 Annexure-4 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 546/2022 OF THE NEDUMBASSERY POLICE DATED 25.8.2022 Annexure-5 THE CERTIFIED COPY OF THE SEIZURE MAHAZAR WITH THE LIST OF PROPERTY DATED 26.8.2022 Annexure-6 THE TRUE COPY OF THE NOTICE DATED 6.9.2022 Annexure-7 THE TRUE COPY OF THE JUDGMENT OF THE HON'BLE BOMBAY HIGH COURT IN WRIT PETITION NO. 1870/2019 DATED 2.8.2019 RESPONDENT’S ANNEXURES:- NIL