K.T. SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused Nos.1 to 4 in CC No.21 of 2014 on the file of the Judicial First Class Magistrate Court, Adimaly. The above case is charge sheeted alleging offences punishable under Ss. 406, 420, 465, 471, 477A, 120B read with Sec. 34 IPC. It is submitted that originally Adimaly police registered the case against the accused and later the investigation was transferred and conducted by the Crime Branch Department, Idukki and the same was renumbered as Crime No.30/CB/2016/IDK.

(2.) The prosecution case is that accused Nos.1 to 4 with common intention and with a motive to get illegal gain for them and thereby causing loss to the SNDP Union, Adimaly conspired during the period between 1/1/1992 to 24/8/2020 manipulated the accounts of SNDP Union, Adimaly, loan accounts of Self Help Groups (SHGs) and SN Public School, Anachal by using forged documents, misappropriated an amount of Rs.73,71,683.00 and thereby cheated the SNDP Union.

(3.) After the completion of investigation, the case is pending before the Court below for trial and disposal. While so, the Prosecution filed an application under Sec. 311 A Cr.P.C before the court below as evident by Annexure 1. The court below allowed the application and directed the accused persons to furnish their specimen handwritings and signatures as evident by Annexure 2 order. By virtue of Annexure 2 order, the accused persons were summoned by the investigating officer for collecting their specimen and sample handwritings. But the investigating officer could not collect the entire specimen and sample handwritings because of the reason that the documents were voluminous in nature and the same requires more time. At that time, the prosecution filed Annexure 3 petition seeking time to complete taking of sample handwritings of the accused. The court below allowed the said petition as per Annexure 4 order. Aggrieved by Annexure 2 and Annexure 4 orders, this Crl.M.C is filed.