LAWS(KER)-2014-12-32

SUNIL Vs. STATE OF KERALA

Decided On December 10, 2014
SUNIL Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioners are accused Nos. 1 and 5 in Crime No. 331 of 2014 of the Thrissur Town East Police Station registered for he offences punishable under Sections 120(b), 406 and 420 read with Section 34 of the Indian Penal Code and Section 3(1)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act'). According to the petitioners, a false complaint has been filed after 7 years of the execution of a sale deed in respect of the property, by alleging that the said document was executed by thinking that it was only a mortgage deed.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor.

(3.) It seems that apart from the aforesaid allegations, some other allegations are also levelled against the petitioners, which if proved, may constitute an offence punishable under Section 3(1)(V) of the Act. It is too early to hold that the allegations levelled against the petitioners are falsely implicated. At the same time, the false implication of the petitioners in an offence under Section 3(1)(V) of the Act, cannot also be ruled out. It depends on evidence, and further proceedings. Matters being so, it is too early to hold that the case against the petitioners can be quashed.