C.S. Prem Lal vs State Of Kerala
2021 Latest Caselaw 3774 Ker

Citation : 2021 Latest Caselaw 3774 Ker
Judgement Date : 2 February, 2021

Kerala High Court

C.S. Prem Lal vs State Of Kerala on 2 February, 2021

Crl.M.C. No. 6174/2018             1


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

      TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                         Crl.MC.No.6174 OF 2018(B)

        AGAINST THE ORDER/JUDGMENT IN CC 1172/2015 OF JUDICIAL
              MAGISTRATE OF FIRST CLASS -III,TRIVANDRUM

            CRIME NO.583/2015 OF Thampanoor Police Station ,
                           Thiruvananthapuram


PETITIONER/S:

                   C.S. PREM LAL
                   AGED 48 YEARS
                   S/O LATE CHELLAPPAN, LAL MANDIRAM,
                   KOKKOTHAMANGALAM, ARUVIKKARA VILLAGE, NEDUMANGADU
                   TALUK,
                   THIRUVANANTHAPURAM-695564.

                   BY ADVS.
                   SRI.K.S.HARIHARAPUTHRAN
                   SRI.V.S.VINEETH KUMAR
                   SRI.GEORGE MATHEW
                   SHRI.SUNIL KUMAR A.G
                   SRI.DIPU JAMES
                   SRI.SETHURAM DHARMAPALAN
                   SMT.BHANU THILAK

RESPONDENT/S:

                   STATE OF KERALA
                   REPRESENTED BY SUB INSPECTOR OF POLICE, THAMPANOOR
                   POLICE STATION-695014, THIRUVANANTHAPURAM CITY
                   THROUGH THE PUBLIC PROSECUTOR,
                   HIGH COURT OF KERALA,
                   ERNAKULAM-682031.


OTHER PRESENT:
 Crl.M.C. No. 6174/2018             2


                   SR. GP-SRI. CHANDRASENAN D.

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD       ON
02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No. 6174/2018               3




                            P.V.KUNHIKRISHNAN, J
                         ----------------------------------
                           Crl.M.C. No. 6174 of 2018
                             --------------------------------
                    Dated this the 2nd day of February, 2021


                                  ORDER

This is a petition filed under Sec.482 of the Cr.P.C. to quash all

further proceedings in CC No.1172 of 2015 on the file of the Judicial

First Class Magistrate Court-III, Thiruvananthapuram. It is a final

report filed by the Thampanoor Police against the petitioner alleging

offences punishable under Secs. 465, 468, 471 and 420 of the IPC.

2. The prosecution allegation in brief is that with an

intention to cheat the State Insurance Department's District Office

for causing unlawful gain, the accused while serving as Senior

Superintendent has forged documents and represented to CW1 as

those fake documents as original so as to cause unlawful gain and

thus accused is alleged to have committed the offences under Secs.

465, 468, 471 and 420 of the IPC.

3. The counsel for the petitioner submitted that even if the

entire allegations are accepted in toto, no offence is made out

against the petitioner. The counsel submitted that in the disciplinary

proceedings, all the charges are dropped against the petitioner and

he is reinstated. The counsel also submitted that the petitioner is

now promoted. The counsel submitted that the prosecution against

the petitioner is an abuse of process of court.

4. The Public Prosecutor submitted that these are matters of

evidence and this Court may not interfere with the final report by

invoking powers under Sec.482 Cr.P.C.

5. After hearing both sides, according to me, this petition can

be disposed of with liberty to the petitioner to raise all the

contentions before the lower court by filing a petition for discharge. I

make it clear that I have not considered the matter on merits. The

petitioner is free to raise all the contentions in this petition before the

trial court by filing a discharge petition and the learned Magistrate

will consider the same, in accordance with the law.

6. If a petition is filed by the petitioner for personal

exemption, the learned Magistrate may consider the same also, in

accordance with law.

7. Therefore, this Criminal Miscellaneous case is disposed of,

with following directions :

1) If the petitioner file a discharge petition before the trial

court within 3 weeks from the date of receipt of a copy of this order, the learned Magistrate will consider the same, in accordance with law, if the charge is not already framed.