MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) OFFENCES punishable under S.120-B, 466, 469, 471, 109 and 511 of 420 of the Indian Penal Code read with S.34 were taken cognizance of against the two accused, Joly P. George and K. M. Mathew. A petition under S.239 of the Code of Criminal Procedure was moved by the 2nd accused for discharging him. The move was opposed by the Prosecution. The Special Court of the Judicial First Class Magistrate, Ernakulam, who heard the matter, dismissed the motion. The 2nd accused has thereupon approached this court with a prayer to set aside the order passed by the learned Magistrate and quash the proceedings against him.

(2.) THE bare facts relevant for the decision may be stated, taking due note of the caution administered by the Supreme Court in State of Bihar v. Ramesh Singh, AIR. 1977 SC. 2018 that "unnecessary details in that regard have got to be avoided so that it may not prejudice either the prosecution...... or the defence".

(3.) ACCORDING to the 2nd accused, no incriminating material existed ' in the statements of C. Ws. 8, 22, 23, 30 and 31, the only witnesses who mentioned his name. Of these witnesses, Cw. 31 is the mother of the 2nd accused and her statement only brings out relationship between the two accused. Cws. 22 and 23 are witnesses who speak about the familiarity of the handwriting of the 2nd accused. The statement of Cw. 30 only relates to the production of certain records containing the handwriting of the 2nd accused. An officer of the Kerala University has given statement as Cw.8. The letter referred to above sent by the 2nd accused was received by Cw. 8.