P N SAGAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in Crime No. 445 of 2004 of Punalur Police Station. The above crime was registered under Ss.120-B, 193, 204, 465, 468 and 471 read with Section 34 I.P.C. The petitioner seeks to quash Annexure A9 F.I.R. in the said crime.

(2.) The above crime was registered by the police on a reference made by the Judicial First Class Magistrate's Court III, Punalur under Section 156(3) Cr.P.C. for investigation and report in the light of Annexure A7 complaint filed by the learned Munsiff, Punalur. It is alleged in Annexure A7 complaint that while O.S.No. 264 of 2000, filed by the petitioner against one Mubarak Beevi and others against forcible eviction from a shed constructed in their property, was pending before the Munsiff's Court, Punalur, the learned Munsiff found that some of the documents produced by the petitioner/plaintiff were forged documents. By Annexure A7, the learned Munsiff directed the learned Magistrate to forward the complaint to the police for investigation under Section 156(3) Cr.P.C. On receipt of the complaint, the learned Magistrate forwarded the complaint to the Sub Inspector of Police, Punalur for investigation and report. At this stage, the petitioner filed this Crl. Miscellaneous Case.

(3.) Prior to the filing of this Crl. Miscellaneous Case, the petitioner had filed W.P.(C)No. 32238 of 2004 for keeping in abeyance the entire proceedings initiated under Section 340 Cr.P.C. and this Court disposed of the Writ Petition by directing to keep in abeyance the proceedings for a period of ten days from the date of the judgment.