Crl.MC/9331/2024 of NASSAR,S/O MUSTHAFA, Vs STATE OF KERALA, on 12 December 2024

ORDER

Petitioners are the accused in crime No.177 of 2024registered at the Muvattupuzha Police Station for offencespunishable under Sections 465, 468, 471 & 34 of IPC.

2. The short facts are as under:-

Petitioners had, for the purpose of getting the nature oftheir land changed from paddy land to Purayidam, submitted anapplication in accordance with the provisions of the KeralaConservation of Paddy Land and Wetland Act, 2008. The JuniorSuperintendent attached to the office of the Revenue DivisionalOfficer, Muvattupuzha, after verifying the documents producedalong with the application, lodged a complaint, alleging forgery ofthe signature of the Revenue Divisional Officer in the orderproduced along with the application. Thereupon, Annexure A2FIR was registered against the petitioners. This Crl.M.C is filedseeking to quash the FIR and further proceedings in Crime No.177 of 2024 of the Muvattupuzha Police Station.

3. Learned counsel for the petitioners submits that CRL.MC NO. 9331 OF 2024

the Revenue Divisional Officer, whose signature is alleged to havebeen forged, has given Annexure A3 statement before theInvestigating Officer asserting that the order was issued by him. Moreover, in Annexure A4 final report, the Investigating Officerhas requested to treat the case as undetected, there being nopossibility of collecting evidence against the petitioners in thenear future. Learned counsel for the petitioners further submitsthat, the request to close the case as undetected has so far notbeen considered and, as a result, petitioners’ application forconversion of the nature of their land is kept unattended.

5. I heard the learned Public Prosecutor also.6.A careful perusal of the documents producedreveals complete absence of evidence to proceed against thepetitioners for the alleged offence. On the other hand theRevenue Divisional Officer has categorically stated that he hadissued the order containing the disputed signature. In suchcircumstances, the jurisdictional Magistrate ought to take up thefinal report filed as undetected and pass appropriate ordersthereon without further delay.

CRL.MC NO. 9331 OF 2024

4

The Crl.M.C is accordingly disposed of, by directing theJudicial Magistrate of First Class-I, Muvattupuzha to takeappropriate decision on Annexure A4 final report, within onemonth of receipt of a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE

SPV

CRL.MC NO. 9331 OF 2024

APPENDIX OF CRL.MC 9331/2024

PETITIONER’S ANNEXURES

ANNEXURE A1

A CERTIFIED COPY OF THE STATEMENT DATED 25.01.2024 GIVEN BY SRI BIJU V.P, JUNIOR SUPERINTENDENT ATTACHED TO THE OFFICE OF THE REVENUE DIVISIONAL OFFICER (RDO), MUVATTUPUZHA.

ANNEXURE A2A CERTIFIED COPY OF THE FIR IN CRIME NO 177/2024 OF MUVATTUPUZHA POLICE STATION DATED 25.01.2024 REGISTERED AGAINST THE PETITIONERS.177/2024 OF MUVATTUPUZHA POLICE STATION DATED 25.01.2024 REGISTERED AGAINST THE PETITIONERS.

ANNEXURE A3A CERTIFIED COPY OF THE STATEMENT DATED 15.04.2024 GIVEN BY SRI. SANTHOSH P.N.

ANNEXURE A4A CERTIFIED COPY OF THE FINAL REPORT DATED10.06.2024 SUBMITTED BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE, MUVATTUPUZHA IN CRIME NO. 177/2024 OF MUVATTUPUZHA POLICE STATION.10.06.2024 SUBMITTED BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE, MUVATTUPUZHA IN CRIME NO. 177/2024 OF MUVATTUPUZHA POLICE STATION.

RESPONDENTS’ ANNEXURES: NIL

//TRUE COPY//

PA TO JUDGE