K.A.ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the sole accused in S.T.No.3896/2013 instituted on Annexure 1 private complaint by 2nd respondent Dy.SP of Police, Pathanamthitta before JFCM II Pathanamthitta. The petitioner is sought to be prosecuted for offence punishable under Section 182 IPC

(2.) The allegation against the petitioner is that, he approached the 2nd respondent with a complaint against the petitioner's son in law, Sri.Mathew John that he possessed a passport obtained in a false address and was using it. Following his complaint and consequential investigation conducted in Crime No.324/13 registered under Section 465 , 468 and 471 IPC read with section 12(1)(i)B of Passport Act, it was revealed that no such offence was committed and finally the crime was referred as per Annexure A2 report. The 2nd respondent on being satisfied that crime No.324/2013 was caused to be registered on a false complaint, proceeded against the petitioner by Annexure A3 FIR in Crime No.906/2013 of Koipuram Police Station under Section 182 IPC. Since Annexure A3 crime was barred by Section 195 of Cr.PC, it was dropped and subsequently Annexure A1 private complaint was filed before JFCM II, Pathanamthitta for prosecution of the petitioner for offence punishable under Section 182 IPC.

(3.) I heard the learned counsel for the petitioner and learned Public Prosecutor.