Full Judgment
Crl.MC No.677/2014 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945 CRL.MC NO. 677 OF 2014 AGAINST THE ORDER/JUDGMENT in CC 543/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MALAPPURAM PETITIONER/1ST ACCUSED: MUBARAK, S/O. MUHAMMED, THUVAKUTHU HOUSE, ERANJIKKODE P.O, EDAVANNA, MALAPPURAM DISTRICT. BY ADV SRI.K.M.SATHYANATHA MENON RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLAM - 682 031. 2 THE SUB INSPECTOR OF POLICE MALAPPURAM POLICE STATION, MALAPPURAM - 676 505. 3 DISTRICT EXECUTIVE OFFICER OF THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, MALAPPURAM)IMPLEADED AS ADDL. R3 AS PER ORDER DATED 22.09.2014 IN CRL.MA5934/14. BY ADVS. ADV. PRATHEESH P SRI.P.M.HABEEB SRI.PRATHEESH.P
OTHER PRESENT: PP M.C.ASHI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.06.2023, THE COURT ON 10/7/2023 PASSED THE FOLLOWING: Crl.MC No.677/2014 2 V.G.ARUN J. ------------------------------------- Crl.M.C.No.677 of 2014 --------------------------------- Dated this the 10th day of July 2023
ORDER
The petitioner is the first accused in Crime No.342/2012 registered at the Malappuram Police Station for offences under Sections 465,468,471 and 420 read with Section 34 of IPC. The crime was registered based on Annexure A complaint dated
petitioner along with the second accused had committed forgery and cheating by altering the amount of Rs.600/- remitted towards Kerala Motor Transport Workers Welfare Fund, as Rs. 16,000/- by interpolating the digit '1' in the beginning and an additional '0' at the end(Rs.600 to Rs.16,000). In the complaint it is stated that the amount of Rs.600/- was remitted at the Federal Bank Malappuram Branch towards Motor Transport Workers Welfare Fund Contribution for goods vehicle bearing registration number KL11/B 9144 owned by one Abbasali and managed by the petitioner. The police, after investigation, submitted Annexure B final report based on which
Crl.MC No.677/2014 3 cognizance was taken for the offences alleged and the case numbered as CC 543/2012 on the files of the Judicial First Class Magistrate Court, Malappuram. This Crl.M.C is filed seeking to quash Annexure B final report and all further proceedings in the Calendar Case.
2. Learned Counsel for the petitioner contended that, even
accepting the prosecuting allegation in their entirety, no offence is made out against the petitioner. In elaboration of the contention, it is pointed out that, as the person managing the vehicle, the petitioner had entrusted Rs.16,000/- with the second accused, an auto consultant, for remitting the Motor Transport Workers Welfare Fund contribution. As the receipt for remittance of contribution was not being issued, the petitioner submitted Annexure C request on
third respondent that the receipt showing remittance produced by the third respondent had been tampered with by altering the amount Rs.600/- as Rs.16,000/-. Thereupon, the petitioner submitted Annexure D letter dated 28/12/2010 requesting the third respondent to take appropriate action against the second accused. Only thereafter, Annexure A complaint dated 20/1/2011 was filed by the third respondent. Learned Counsel also drew attention to Crl.MC No.677/2014 4 Annexure J letter submitted by Abbasali, the registered owner of the vehicle, admitting that the receipt had been tampered with and ensuring that such mistake will not occur in future. Based on the above materials, it is contended that further prosecution of the petitioner is an abuse of process, since the prosecution has not produced sufficient material for implicating the petitioner .
3. Learned Public Prosecutor contended that the jurisdictional court having taken cognizance of the offences, the petitioner should seek his relief before that court, instead of rushing to this Court.
4. Even if there is some substance in the contentions urged on
behalf of the petitioner, insofar as the petitioner has the remedy of seeking discharge, it will be inappropriate for this Court to quash the proceeding in exercise of the inherent power under Section 482 Cr.P.C. More so, the jurisdictional court will have the advantage of perusing the materials submitted by the prosecution for arriving at
a just and proper conclusion. Yet another reason that dissuades me is the absence of the second accused and Abbasali, the registered owner, in the array of parties. For the aforementioned reason the Crl.M.C is dismissed, reserving the petitioner's liberty to approach the court below with an application for discharge. If such an application is filed, the Crl.MC No.677/2014 5 court below shall pass appropriate orders without delay. Sd/- V.G.ARUN JUDGE dpk