GEORGE CYRIAC Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C' for short), by the petitioner, who is the 1st accused in C.C.No.175/2018 on the files of the Chief Judicial Magistrate Court, Thrissur, arose out of crime No.471/2015 of Town East Police Station, Thrissur, challenging order in Crl.M.P.No.2122/2023 dtd. 4/7/2023, whereby an application filed by the petitioner seeking further investigation under Sec. 173(8) of Cr.P.C. was dismissed by the trial court. Respondents 1 to 3 are the State and the Police officials and the 4th respondent is the defacto complainant.

(2.) Heard the learned counsel for the petitioner/1st accused, the learned counsel for the defacto complainant and the learned Public Prosecutor representing respondents 1 to 3 in detail. Perused the available documents.

(3.) In this matter, the prosecution alleges commission of offences punishable under Ss. 465, 468, 471 and 420 r/w 34 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) by the 1st accused, on the allegation that the 1st accused forged two powers of attorney by putting false signatures and thumb impressions of the defacto complainant/ 1st witness and a false solvency certificate, with the assistance of the 2nd accused and thereafter the same were produced before the Excise department with intention to cheat and defraud the defacto complainant at the time when the 1st accused auctioned license in respect of AS Group No.1/1993- 94 having Nos.112 to 123 for 12 arrack shops. The further allegation is that the 1 st accused herein used the above forged documents as genuine and thereby committed the above offences. In this crime, FIR was registered on 2/3/2015 with regard to an occurrence in the year 1993-94 and eventually, the final report was filed on 24/9/2018.