SHAJI THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition filed under S. 482 of the Code of Criminal Procedure (for short, "Cr.P.C."). The prayer in the petition reads as follows:.

(2.) Petitioner is the complainant, who approached the learned Magistrate with a complaint, alleging that the accused have falsely created documents and filed the same in a civil suit between the petitioner and the accused. Allegation in the complaint is that the accused together forged documents to grab valuable land belonging to the complainant and thereby they committed offences punishable under Ss. 193, 209, 465, 468 and 471 read with S. 34 of the Indian Penal Code (for short, "I.P.C.").

(3.) Annexure C is the complaint filed by the petitioner. The petitioner is the Director of a private limited company, running a hotel and resort. In order to expand the business of the company, they purchased about seven acres of land from various owners and constructed a compound wall enclosing the land. Accused with a nefarious intention of grabbing a portion of the land, created false documents by fabricating the signature and seal of Village Officer, Kottukal and filed a civil suit. They secured interim orders in the suit against the complainant. When the matter gained the attention of the complainant, he conducted an enquiry and found that the documents produced in the suit by the accused were fabricated with a malicious intention. Therefor, the complainant sought information under the Right to Information Act from the Village Office and got information to the effect that the documents produced by the accused in the suit are forged ones. Hence the complainant contended that the accused are liable to be prosecuted for the said offences.