M V LIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The breadth, scope and amplitude of the powers of the Judicial Magistrate while considering a petition under Section 311A of the Code of Criminal Procedure is called in question in this petition filed under Section 482 of the Cr.P.C. What led to the challenge is the order passed by the learned Judicial Magistrate of the First Class, Neyyattinkara, directing the petitioners to furnish their specimen signature and handwriting by allowing an application for that purpose filed by the investigating officer.

(2.) The petitioners are the accused in Crime No. 226 of 2015 of the Aryancode Police Station registered under Sections 419, 420, 465, 468, 471 r/w. Section 34 of the I.P.C. The said crime was registered at the instance of the Vigilance and Security Wing of the Kerala Public Service Commission, Thiruvananthapuram.

(3.) The 1st petitioner received information that applications were being invited for the post of Male Warden in the Jail Department. He approached the 2nd accused and sought for his help. With intent to cheat the Kerala Public Service Commission, two applications were submitted for the post with the PSC; the first was submitted by the 1st petitioner and the second by the 2nd petitioner impersonating as another person. They managed to secure two hall tickets for the exam and that too, in close proximity to each others seats. After the exams, the petitioners are alleged to have swapped the answer sheets covertly. When the results were declared, the 1st petitioner secured a high rank and got selection to the post. The complicity of the petitioners were revealed pursuant to an enquiry conducted by the Commission. The Police were alerted and crime was registered. Though the crime was registered in the year 2015, the investigation is still proceeding at a snail's pace.