LAWS(KER)-2023-8-130

ASIF AZAD Vs. STATE OF KERALA

Decided On August 22, 2023
Asif Azad Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) "A significant factor in this backlog (of cases) is the vast mass of frivolous litigation instituted year after year by litigants with an intent to use the courts of justice for their own mischievous ends. Curtailing such vexatious litigation is, thus, a crucial step towards a more effective justice system - a step that cannot be taken without the active involvement of the lower judiciary, especially in criminal proceedings." The above words of wisdom echoed by the Supreme Court in Krishna Lal Chawla and Others v. State of Uttar Pradesh and Another [(2021) 5 SCC 435] find meaning in the present case. Revision petitioner filed a complaint before the Judicial First Class Magistrate's Court-V, Thiruvananthapuram, alleging various offences committed by 48 persons. The accused named in the complaint are high-ranking officials of the State like the Chief Secretary, the Home Secretary, the Law Secretary, the State Police Chief, the Additional Director General of Police, Commissioners of Police, Superintendents of Police and others. After considering the materials on record and the statement of the defacto complainant, the learned Magistrate found no sufficient ground for proceeding against the accused and dismissed the complaint under Sec. 203 Cr.P.C. Aggrieved by the said dismissal, this criminal revision petition is preferred.

(2.) The revision petitioner filed a private complaint before the Magistrate, alleging offences committed by the accused based on three different incidents that happened within the limits of three different police stations.

(3.) Revision petitioner as complainant alleged that all the 48 accused had committed offences like forgery, conspiracy, cheating, violence, breach of trust and even disobeyed the directions of law. It was pleaded that police had fabricated a document containing revision petitioner's forged signature, while the officer who investigated the case succumbed to the temptations of the first accused (the Chief Secretary of Kerala) and took bribe and impersonated the revision petitioner and forged his signature, while the officer who investigated the case at Kazhakoottam succumbed to the temptations of the Commissioner of Police, Thiruvananthapuram (Accused No.43) and took bribe and forged the signature. Various incidents of cheating were also alleged, apart from violation of directions of law as per which the accused allegedly committed the offence under Sec. 166 Cr.P.C.