SHAHITHA Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner, who is the sole accused in C.C. No. 556/2013 on the file of the Judicial First Class Magistrate Court, Kunnamangalm to quash the proceedings under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner is the sole accused in Crime No. 469/2012 of Medical College Police Station, Kozhikode which was registered on the basis of a statement given by the third respondent as de facto complainant alleging offence under Section 420 of the Indian Penal Code. After investigation, final report was filed and the case was taken on file as C.C. No. 556/2013 and it is pending before the Judicial First Class Magistrate Court, Kunnamangalm. The de facto complainant is the brother -in -law of one Sunil Kumar, against whom the petitioner filed O.S. No. 480/2012 which is pending before the Munsiff Court -II, Kozhikode. The de facto complainant at the instance of the said Sunil Kumar, initiated criminal proceedings which resulted in filing of Annexure -III final report on the basis of a false and fabricated document alleged to have been executed on 15.6.2007 and it does not bear the signature of the petitioner in the second page, which is the crucial page. So, according to the petitioner, the case which is based on the said document is not sustainable and so the petitioner filed this petition seeking the following relief: