K.V.ABRAHAM Vs. K.S.PRASAD

JUDGEMENT

(1.) Petitioners seek to quash Annexure-A private complaint instituted against them by respondents 1 and 2 for the alleged commission of offences punishable under Sections 464, 465 and 471 read with Section 34 of the Indian Penal Code, 1860(for short, 'the IPC ').

(2.) Petitioners are accused Nos.1 and 2 in C.C.No.181/2013 on the file of the Judicial First Class Magistrate Court, Kolenchery. They are husband and wife and owners of 87.5 cents of paddy land purchased in their joint names on 12.06.2007. First respondent is the Secretary and second respondent is Nelvayal Samrakshana Samithy.

(3.) According to the respondents, the first petitioner is a leader of a real estate mafia and he purchased the paddy land for illegal conversion and sale of it for high profit. He fully realised that conversion of paddy land was not possible without sanction from concerned authorities and therefore, in conspiracy with his close associates and with joint efforts of all, he forged a Non-Objection Certificate No.162/2007 dated 08.05.2007 purporting to be issued by the Secretary of Mining and Geology Department. He is, in fact, the beneficiary of the fake and bogus document dated 08.05.2007. The allegations in Annexure-A complaint proceed to state that making use of the false document, he illegally converted the paddy land defying stop memo issued by local Panchayat and Village Officer and all public protests made against the illegal reclamation. It is further averred in the complaint that in order to safeguard the illegal interests of the petitioners, they brought about a bogus registered association called as Mulanthuruthy Petrumpilly Nelvayal Samrakshana Samithy and with the help of the office bearers of the Samithy, they went ahead with illegal conversion and managed to complete the filling work.