Shanavas P.P. vs State Of Kerala
2021 Latest Caselaw 9703 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                      Crl.MC.No.3993 OF 2019(H)

      CRIME NO.522/2018 OF TIRUR POLICE STATION, MALAPPURAM


PETITIONER/ACCUSED:

             SHANAVAS P.P., AGED 41 YEARS,
             S/o P. P. BAVA, NALAMKANDATHIL (H),
             KUTTAYI POST, TIRUR TALUK,
             MALAPPURAM DISTRICT

             BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

      1      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 31

      2      THE STATION HOUSE OFFICER,
             TIRUR POLICE STATION, POST TIRUR,
             MALAPPURAM DISTRICT, PIN - 676 101

      3      THE TAHSILDAR,
             TIRUR TALUK OFFICE, POST TIRUR,
             MALAPPURAM DISTRICT, PIN - 676 101

             R1-3 SR.G.P.FOR ADGP SRI.SURESH BABU THOMAS
                    BY PUBLIC PROSECUTOR SRI. E.C.BINEESH



     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD         ON
23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3993 of 2019              2




                                 ORDER

To quash Annexure A1 FIR and A2 complaint, the

accused came up. It is by the Tahsildar, who lodged a

complaint and caused to register a crime for the

offence punishable under Sections 465, 471 and 472 IPC

in connection with a letter received by him alleging

preparation of a letter pad and a seal as that of the

Secretary of a school committee administering a private

school. None of the committee members or any other

aggrieved person came up with a complaint either before

the Magistrate or the police in connection with the

said allegation. The Tahsildar came up with a complaint

and caused to register a crime for the said offence as

if he is the defacto complainant, that too without any

lawful authority and dragged the petitioner into a

criminal case and thereby misused his official status

for the reason best known to him. It is so unfortunate

that even going by the allegation, it will not attract

any of the offences alleged. Hence the crime

registered against the petitioner is hereby quashed.

Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE DMR/-

APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1 THE TRUE COPY OF THE F.I.R. IN CRIME NO.522/2018 OF TIRUR POLICE STATION DATED 04.08.2018

ANNEXURE A2 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR DATED 02.08.2018

ANNEXURE A3 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 07.06.2018

ANNEXURE A4 THE TRUE COPY OF THE AMENDED BYE-LAW OF THE KUTTAYI HIGH SCHOOL COMMITTEE

ANNEXURE A5 THE TRUE COPY OF THE DECISION OF THE COMMITTEE HELD ON 10.03.2017

ANNEXURE A6 THE TRUE COPY OF THE LIST SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT REGISTRAR (GENERAL) OF SOCIETIES, MALAPPURAM

ANNEXURE A7 THE TRUE COPY OF THE ORDER IN I.A.1377/2017 IN O.S.NO.197/2017 OF THE MUNSIFF COURT, TIRUR DATED 21.05.2018

ANNEXURE A8 THE TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT DATED 03.05.2018

ANNEXURE A9 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C).NO.15673/2018 AND CONNECTED CASES DATED 04.07.2018

ANNEXURE A10 THE TRUE COPY OF THE INTERIM ORDER DATED 22.10.2018 IN W.A.NO.1517/2018 OF THIS HON'BLE COURT

RESPONDENTS' ANNEXURE: NIL

// TRUE COPY //

P.A. TO JUDGE