JANARDHANAN Vs. BINDU PURUSHOTHAMAN

JUDGEMENT

(1.) Petitioner who describes himself as a Director of 'Loka Chalanam Janakiya Sangham', challenges an order of the Judicial Magistrate of First Class, Ernakulam, dismissing the complaint in CC No. 8/1983.

(2.) Out of his eagerness to maintain purity in public life, petitioner says be filed the complaint, suspecting that the first respondent daughter of the second respondent secured admission to a Medical College without the minimum marks required, by forging a marklist. Offences under S.465, 466, 478, 471 and 472 read with S.109 IPC were alleged. First respondent passed her Pre Degree Examination in the year 1977 with Reg. No. 84524. According to petitioner, she secured below 50 percent in Science subjects, 50 per cent being the minimum marks for seeking admission to Medical Colleges. Respondents are alleged to have altered the marks in the certificate, thus dishonestly and fraudulently making a document and using it as genuine. Complaint is unique by absence of averments of facts. It is not stated how, or when or in what manner, this was done. Paragragh.5 of the complaint only states that the offence committed by the accused would be proved, if the consolidated marklist for 1977, individual mark sheet of the first accused, mark book for each subject, the tabulation register for 1977 and the answer papers of the first respondent were examined. Petitioner entertained a suspicion and no more. He wanted the court to make an investigation.

(3.) A complaint should contain allegations, and if the Magistrate is satisfied on an examination of the complaint and the witness present or on inquiry that there is sufficient ground for proceeding, be may issue process under S.204 Cr. PC. If after considering the statement and the result of enquiry or investigation under S.202 Cr. PC. Magistrate is of opinion that there is no sufficient ground, he shall dismiss the complaint. Dismissal or issue of process must be on the satisfaction of the Magistrate. Process cannot be issued merely on the basis of a suspicion entertained by the complainant.