BIJU S/O KUTTAN Vs. SURESH AND ORS

JUDGEMENT

(1.) The petitioner is the second accused in Crime No. 421 of 2005 of Mulanthuruthy police station. He had come to this Court with this Writ Petition with a prayer to quash the F.I.R. in Crime No. 421 of 2005. During the pendency of this writ petition, final report was filed arraying the petitioner as second accused. Thereafter the writ petition has been amended to include the prayer that the final report may itself be quashed in so far as it relates to the petitioner herein.

(2.) The F.I. statement was lodged by the defacto complainant, one Divakaran. According to him, he had litigated for a long period of time and had obtained a civil court's decree for partition in favour of him. To his shock and dismay, he realised when he applied for an encumbrance certificate, that a document has been created by some one, under which his rights in the property were assigned to one Karthikeyan/A1 in this case. That document was registered as document No. 2093 of 2002 of S.R.O., Mulanthuruthy. He promptly lodged a F.I. statement before the Mulanthuruthy police arraying the first accused/Karthikeyan, the assignee, A3, Rajesh, the scribe and the 4th accused/Babu, an identifying witness. He alleged that these three persons are responsible, as can be ascertained from the document, for bringing into existence of such a false document. The petitioner's name was not mentioned at all in the F.I. statement.

(3.) In the course of investigation it was realised that the first accused Karthikeyan had, as per a document No. 3813 of 2005 of S.R.O., Mulanthuruthy, transferred his rights to the petitioner herein. Investigation further revealed that the petitioner had played a very active role in brining into existence the earlier forged document. It was accordingly that the petitioner was arrayed as the second accused and the accused were assigned fresh ranks in the crime.