KRISHNAKALA PANICKER Vs. P.A. RAJAN

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 03.02.2012 in CMP No.708(A) of 2011 in CC No.196/11. The above petition was one seeking discharge under Section 245(2) of Cr.PC. The case arose on a complaint alleging offence under Sections 120B, 463, 464, 465, 466, 468, 469 and 471 of IPC, which was originally filed before the Metropolitan Magistrate, 27th Court at Mulund, Mumbai. The brief facts of the case are as follows:

(2.) THE complaint was originally transferred to the JFCM Court -I, Alappuzha, from where it was made over to the JFCM Court -II, Alappuzha. It is seen from the order of the court below that the petitioners had approached this court by filing Crl. MC No.426/08 and this court had directed the petitioners to move for discharge before the court below.

(3.) THE court below, after consideration of the materials before it, came to the conclusion that as rightly pointed out by the learned counsel for the respondent before the court below, Section 195 can have no application as the alleged forgery is committed outside the court. Those documents are produced as evidence before court.