ASIF AZAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed with the following prayers:

(2.) The petitioner appeared in person before this Court. It is submitted that he is the CEO of a company called M/s. Frshar Cosmos Pvt Ltd. It is submitted that the accused in FIR 250/2022 lodged at Chirayinkeezhu Police Station is intentionally putting the petitioner in danger and portraying the petitioner as a bad person in front of the public by fabricating evidence, fabricating stories, and writing fictitious sums on stolen cheques by bringing false charges against the petitioner company and the petitioner's parents. It is also submitted that this is done by the accused in FIR 250/2022 of Chirayinkeezhu Police Station by defrauding, confusing, and tricking the Courts and Police. According to the petitioner, there was an attempt to arrest the petitioner and his mother at the instance of the accused in Chirayinkeezhu Police Station case by filing a CMP against the petitioner and his mother which resulted in an FIR against the petitioner and his mother. Then the petitioner filed Crl.M.C. No.5392/2021 before this Court at that time to quash the FIR, and the FIR against the petitioner and his mother was transferred to Fort Police Station, Thiruvananthapuram. The accused filed a case against the petitioner and the petitioner's mother before the Sub Court, Thiruvananthapuram with a forged and altered story (different from the CMP filed) with fabricated documents and stolen cheques is the submission. It is submitted that the petitioner filed an application before the Sub Court, Thiruvananthapuram and obtained certified copies of the fabricated agreement and stolen cheques from that Court. It is also submitted that the petitioner lodged a complaint against the forged agreement and stolen cheques at Chirayinkeezhu Police Station and consequently FIR 250/2022 was registered. Ext.P1 is the FIR. The accused in Ext.P1 FIR obtained bail as per Ext.P2 order. The petitioner submitted a Right to Information request before Chirayinkeezhu Police Station to know whether the accused in FIR 250/2022 produced any original documents before Chirayinkeezhu Police Station or not.

(3.) It is submitted by the petitioner that the Chirayinkeezhu Police Station on 25/7/2022 informed that the accused in FIR No.250/2022 had not produced any original documents nor cheques before the Chirayinkeezhu Police Station. Ext.P3 is the Right to Information Report. It is also submitted that the petitioner has filed an RTI before the Sub Court, Thiruvananthapuram to know whether the accused in FIR No. 250/2022 produced any original documents before Sub Court, Thiruvananthapuram. The Sub Court, Thiruvananthapuram informed the petitioner as per Ext.P4 that the accused in FIR No. 250/2022 did not produce any original documents nor cheques before the Sub Court. Hence, it is submitted that the accused in FIR No. 250/2022 of Chirayinkeezhu Police Station and the investigating officer are defrauding and manipulating the investigation by stating a lie that the statement taken was on on 4/8/2022, when the statement was already taken on 19/7/2022. It is also submitted that the tampering has already happened thus violated the bail order and the ongoing investigation by the Sub Inspector of Police of Chirayinkeezhu Police Station is for favouring the accused in FIR 250/2022 of Chirayinkeezhu Police Station. Exhibit P 5 is the Right to Information report from Chirayinkeezhu Police received by the petitioner. According to the petitioner, the accused in FIR No. 250/2022 of Chirayinkeezhu Police Station is defrauding and convincing the courts with fabricated documents and fabricated stories. According to the petitioner, the following questions of law remain to be decided :