M.K.ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.1 to 3 in C.C.No.332/2017 on the files of the Judicial First Class Magistrate Court, Kakkanad. The aforesaid case originated from a private complaint instituted by the second respondent alleging the commission of offence under Sec. 465 read with Sec. 34 I.P.C. The learned Magistrate, after conducting the enquiry under Sec. 202 Cr.P.C, took cognizance of the offence and issued summons to the petitioners herein. Annexure-A1 complaint so instituted by the second respondent and Annexure-A2 order of the learned Judicial First Class Magistrate, Kakkanad taking cognizance of the offence under Sec. 465 I.P.C read with Sec. 34 I.P.C upon the said complaint, are under challenge in this proceedings instituted under Sec. 482 Cr.P.C.

(2.) The sum and substance of the accusation against the petitioners is that they obtained building permit for the construction of a four storied commercial building in their property by making use of forged documents. It is stated that the forged documents made use of by the petitioners for getting occupancy certificate from the Municipal authorities included building plan and other records purportedly issued by an Engineer by name Harihara Kumar. After the construction of the first floor, the petitioners are alleged to have rented out the above floor for the functioning of a private hospital by a person who was originally arraigned as the fourth accused in the complaint; but later on the case against the above person was split up and considered separately.

(3.) The contention of the petitioners is that they had entrusted the responsibility of taking necessary steps for the building permit with a Building Designer by name M.B.Abdulla, and that it was the above person who had arranged the Engineer by name Harihara Kumar for the preparation of building plan and other records. It is also stated that the above Engineer was a close associate of the above said M.B.Abdulla, and that they had conspired and cheated the petitioners in procuring the building permit by making use of the building plan issued by that Engineer at a time when his licence was not renewed. The above said Engineer, after issuing the building plan, allegedly denied the issuance of the above said plan since his licence obtained from the Department of Urban Affairs was not renewed during the period from 17/11/2012 to 18/4/2013. Alleging that the Designer M.B.Abdulla and the Engineer Harihara Kumar had cheated the petitioners, a private complaint was said to have been instituted against them by the petitioners, which was taken into files as against the Designer M.B.Abdulla alone, and numbered as C.C.No.857/2018 by the Judicial First Class Magistrate Court, Kakkanad. Thus, it is stated that the petitioners are in no way involved in the alleged forgery committed by the Building Designer M.B.Abdulla and the Engineer Harihara Kumar, and hence the proceedings initiated against the petitioners in this case are to be quashed.