C. V. Mythili vs State Of Kerala
2023 Latest Caselaw 3826 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                        WP(CRL.) NO. 152 OF 2023
  CRIME NO.78/2020 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE


PETITIONER :

          C. V. MYTHILI,
          AGED 67 YEARS,
          W/O MOHANDASAN, CHOTHISHA,
          KEEZHANIMETHAL, PERACHIKUNNU,
          POKKUNNU P.O., KOZHIKODE DISTRICT,
          PIN - 673 007

          BY ADVS.
          SUNNY XAVIER
          C.P.PRETTY


RESPONDENTS :

    1     STATE OF KERALA,
          REPRESENTED ITS SECRETARY, DEPARTMENT OF HOME,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695 001

    2     COMMISSIONER OF POLICE KOZHIKODE,
          OFFICE OF THE COMMISSIONER OF POLICE,
          KOZHIKODE CITY, KOZHIKODE DISTRICT,
          PIN - 673 004

    3     STATION HOUSE OFFICER,
          MEDICAL COLLEGE POLICE STATION,
          KOZHIKODE CITY, KOZHIKODE DISTRICT,
          PIN - 673 008

          BY SMT.SREEJA V., PUBLIC PROSECUTOR


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 152 OF 2023
                                     2



                     BECHU KURIAN THOMAS, J.
                      --------------------------------
                       W.P.(Crl.) No.152 of 2023
                     ---------------------------------
                  Dated this the 30th day of March, 2023

                               JUDGMENT

Petitioner is the defacto complainant in Crime No.78/2020 of

Medical College Police Station, Kozhikode. She alleges that her signature

was forged by the accused who are clerks in the Medical College Hospital

for misappropriating amounts due to her from the Provident Fund

account. Petitioner complains that the investigation is not going on

properly and the accused who are highly influential are compelling her to

withdraw the complaint. Petitioner also apprehends that due to the

political clout of the accused, they would interfere with the investigation,

causing great prejudice to the petitioner.

2. The learned Public Prosecutor, upon instructions submitted that

the case has been investigated properly and that the admitted signature

of the petitioner was collected and submitted to the Judicial First Class

Magistrate's Court, Kunnamangalam. Thereafter, the specimen signature

along with the alleged forged signature have been sent for analysis on

07.05.2022 and the same was received by the laboratory on 21.06.2022.

The results of analysis are awaited and as soon as the results are

obtained, the investigation will proceed without further delay. WP(CRL.) NO. 152 OF 2023

3. The aforesaid submissions of the learned Public Prosecutor are

recorded. Since the disputed signature as well as the sample signatures

have been collected and sent for analysis, I am of the view that the

apprehension expressed by the petitioner is without any basis, atleast for

the present. Therefore, there is no necessity to order a fresh

investigation or even a re-investigation.

Reserving the liberty of the petitioner to move in accordance with

law, after the final report is filed, this writ petition is dismissed.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(CRL.) NO. 152 OF 2023

APPENDIX OF WP(CRL.) 152/2023

PETITIONER'S EXHIBITS :

Exhibit-P1 TRUE COPY OF THE FIR NO.0078/2020 ALONG WITH FIS OF MEDICAL COLLEGE POLICE STATION

Exhibit-P2 TRUE COPY OF THE COMPLAINANT FILED BY THE PETITIONER DATED 28-01-2022 ALONG WITH ITS RECEIPT

Exhibit-P3 TRUE COPY OF THE PROCEEDINGS SHEET ISSUED FROM THE OFFICE OF THE DISTRICT LEGAL SERVICES AUTHORITY KOZHIKODE TO THE PETITIONER DATED 08/10/2018