K F SIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in a prosecution, inter alia, under Sections 465 and 471 I.P.C. Cognizance has been taken on the basis of a final report submitted by the police. The 4th respondent herein is the 2nd accused.

(2.) The 2nd and 3rd respondents are the brother-in-law and sister of the petitioner herein. They had lodged the complaint, on the basis of which, the police commenced investigation. They alleged that the 3 accused persons in collusion had created a false document to make it appear that they, ie. the 2nd and 3rd respondents, had executed Annexure -A1 agreement to sell their property to the 4th respondent, ie. the 2nd accused. The 4th respondent in turn had allegedly entered into Annexure-A2 agreement to sell the property to the petitioner/the 1st accused.

(3.) The crux of the contention is that the said agreement for sale (Annexure-A1) is forged by the petitioner in collusion with the 4th respondent and the 3rd accused. The petitioner along with the 3rd accused are attestors to Annexure-A1 agreement. Investigation is complete. Charge sheet has already been filed. The petitioner has entered appearance before the learned Magistrate through counsel. The petitioner has rushed to this Court with this petition praying that powers under Section 482 Cr.P.C may be invoked to prematurely terminate the prosecution initiated against the petitioner on the basis of the final report submitted by the police.