Kerala High Court
Decardin Mathew vs State Of Kerala on 27 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
CRL.MC NO. 277 OF 2022
TO QUASH THE FINAL REPORT/CHARGE SHEET IN CRIME NO.208/2018 OF
MUTTOM POLICE STATION, IDUKKI, AND ALL FURTHER PROCEEDINGS IN CC
178/2018 OF CHIEF JUDICIAL MAGISTRATE COURT,THODUPUZHA
PETITIONERS/ACCUSED NO.1 & 2:
1 DECARDIN MATHEW,
AGED 66 YEARS
S/O. MATHEW,
VELLAMATTOM HOUSE, OTTALLUR P.O. VENGALOOR,
THODUPUZHA 685 586.
2 VALSAMMA DECARDIN,
W/O. DECARDIN, MATHEW,
VELLAMATTOM HOUSE, OTTALLUR P.O. VENGALOOR,
THODUPUZHA 685 586.
BY ADVS.
P.N.SANTHOSH
MANSOOR.B.H.
RESPONDENT/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 STATION HOUSE OFFICER,
MUTTOM POLICE STATION THODUPUZHA, 685 587.
BY ADV.SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 277 OF 2022
2
ORDER
Dated this the 27th day of May, 2022 The petitioners are accused in C.C. No.178/2018 of the Chief Judicial Magistrate Court, Thodupuzha which arises from Crime No.208/2018 of Muttom Police Station. The offences alleged against the petitioners are under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code (IPC).
2. The prosecution case is that, the petitioners who are husband and wife have produced certain forged tax receipt and possession certificate in respect of their properties before the Federal Bank, Karimkunnam Branch for the purpose of obtaining a credit facility. The police after investigation filed Annexure-A1 final report. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A1 which is now pending CRL.MC NO. 277 OF 2022 3 before the Chief Judicial Magistrate Court, Thodupuzha as C.C. No.178/2018.
3. Heard both sides.
4. The main contention put forward by the learned Counsel for the petitioners is that, they are innocent of the aforesaid allegations and the documents alleged to have been forged were not produced by them. It is their case that, the documents relating to the title of the petitioners were handed over to an Executive of the bank and according to the petitioners the said forged documents were created by the said Executive. It was also pointed out that, the loan account now stands settled and there is no purpose in proceeding with the matter as of now. The prayer for quashing the proceedings are sought in such circumstances.
5. However, on examining the contents of Annexure-A1 and the contentions of the learned CRL.MC NO. 277 OF 2022 4 Counsel for the petitioners, it can be seen that the question whether the forgery was committed by the petitioners or the Bank Executive as claimed by the petitioners, is a matter to be considered on merit, during the trial. The said question cannot be considered in a proceedings under Section 482 Cr.P.C. It is a well settled position of law, for the purpose of invoking the powers under Section 482 Cr.P.C., this Court has to assume that all the allegations raised against the accused are true and interference can be made only if no case is made out, even after accepting the said allegations as true. In the facts and circumstances of the case, I am of the view that this is not a case which falls into the said category. In such circumstances, I do not find any merit in this Crl.M.C. In the result, the Crl.M.C. is closed without prejudice to any of the rights, remedies and the contention of the petitioners. It is made clear that CRL.MC NO. 277 OF 2022 5 the observations that are made in this Crl.M.C. were only for the purpose of examining whether a case is made out for invoking the powers under Section 482 Cr.P.C. The petitioners shall be entitled to raise their contentions before the trial court untrammeled by any of the observations made herein.
Sd/-
ZIYAD RAHMAN A.A. JUDGE SKP/27.05 CRL.MC NO. 277 OF 2022 6 APPENDIX OF CRL.MC 277/2022 PETITIONERS' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 208/2018 OF MUTTOM POLICE STATION. ANNEXURE A2 TRUE COPY OF THE CLOSURE INTIMATION OF LOAN DATED 21/8/2018 ISSUED BY THE MANAGER, FEDERAL BANK , KARIMKUNNAM, BRANCH. RESPONDENTS' ANNEXURES: NIL TRUE COPY P.A.TO JUDGE