U. RAMA PRASAD MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Annexure-8 FIR registered on the allegation of offence punishable under Sections 420 , 465 , 468 , and 471 IPC registered on the basis of a complaint by the 3 rd respondent Smt.Manorama Vijayan alleging that the accused had forged a document so as to misappropriate the wealth of one deceased Valsala Amma. Initially, Annexure-6 complaint was filed before the State Police Chief bypassing the jurisdiction of local police and it was forwarded to the District Crime Branch, Palakkad for enquiry and report by the police chief. A confidential report was submitted by the District Crime Branch to the State Police Chief. Thereafter, a crime was registered under Annexure-8 alleging the offence under Sections 420 , 465 , 468 and 471 IPC.

(2.) At the very outset, certain anomalies came to the notice of this Court that a complaint was filed after the lapse of more than 20 days after the cremation of the deceased alleging offence punishable under Sections 302 IPC and also offence under Sections 420, 465, 468 and 471 IPC by the defacto complainant, the brother's daughter of deceased Valsala Amma before the State Police Chief bypassing the jurisdiction of the local police station and District Police authorities. What actually prompted the defacto complainant to approach the District Police Chief directly without resorting to the normal remedy available through the local police station, that too, after the lapse of more than 20 days from the date of cremation of the deceased yet to be revealed. It is not clear why the State Police Chief forwarded the complaint directly to the Palakkad Crime Branch Division for enquiry and report bypassing the jurisdiction of local police and what is the specialty attached to the case in hand and why a special treatment was given. Yet another anomaly also brought to the notice of this court that a confidential report was submitted by the District Crime Branch to the State Police Chief. Till that time, no FIR was registered. The defacto complainant not made any attempt to approach the local police or the District Superintendent with any complaint of commission of offence. It is after receipt of the confidential report, FIR was registered on 15.5.2020, nearly after four months after the death of testatrix alleging offence under Sections 420 , 465 , 468 and 471 IPC. The offences under Section 511 of 302 IPC and 120 B, 343, 346, 404, were omitted even at the time of registration of the FIR, though in the complaint there are specific allegations of commission of offence under Section 302 IPC by quoting the said section. It is also not clear as to what prompted the Police to register the crime only under sections 420 , 465 , 468 and 471 IPC, ignoring the allegation of offence under Section 302 IPC.

(3.) On coming to the merits, Smt.Valsala Amma was the widow of one learned Advocate practising in Madras. There is no issues in the wedlock. After the death of her husband, she had executed Annexure-1 deed of adoption on 17.1.2017 adopting the petitioner as her foster son. Just one day after the date of execution of Annexure-1 deed of adoption, on 19.1.2017, she had executed a registered Will No.28 of 2017 ( Annexure-5) and got it registered at her residence by summoning the concerned Registrar to her house at Palakkad, wherein the petitioner is the legatee. Since the Registrar refused to register the adoption deed, a writ petition ( W.P.(C)No.13697/2017) was filed before this Court in the month of March, 2017 for a direction to register the adoption deed, Annexure-1. Subsequently, on 12.6.2017, it was not pressed into service, hence, resulted in Annexure-3 judgment dismissing the writ petition. She passed away nearly 3 years after the execution of Annexure-5 registered Will i.e. on 27.1.2020 and her mortal remains cremated on the next day evening i.e. on 28.1.2020. It is thereafter the defacto complainant, the 3rd respondent herein approached the State Police Chief with a complaint bypassing all the machineries under the State Police Chief including the local police station alleging commission of offence under Sections 120 B, 343, 346, 404, 420, 468, 471 and 511 of 302 IPC . The complaint was forwarded to the Crime Branch, Palakkad Division for enquiry and report. They conducted an enquiry and submitted a confidential report to the State Police Chief. It is thereafter nearly after four months, on 15.5.2020, Annexure-8 FIR was registered alleging offence under Sections 420 , 465 , 468 and 471 IPC on the allegation that the accused has fabricated documents including Annexure-5 registered Will by committing forgery and cheating. The petitioner came up for quashing the above said FIR.