2025:KER:21441 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 12TH DAY OF MARCH 2025/21ST PHALGUNA, 1946 CRL.MC NO.34 OF 2021 CRIME NO.95/2015 OF VIDYA NAGAR POLICE STATION, KASARGOD AGAINST THE ORDER/JUDGMENT DATED IN CC NO.377 OF 2019 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD PETITIONER/ACCUSED NO.1 T.C.NARAYANAN AGED 59 YEARS S/O. SUBRAYAN.C., R/AT NAVAMI, POINACHI, P.O.THEKKIL, -671 541, KASARGOD DISTRICT BY ADVS. SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU RESPONDENT/COMPLAINANT & STATE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031 SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:21441 Crl.MC No.34 of 2021 2 ORDER The petitioner is the first accused in Crime No.95 of 2015 registered at the Vidyanagar Police Station, Kasargod for the offence punishable under Section 420 of IPC. The crime was registered on the basis of a complaint received from the students of the Government Upper Primary School, Koliyadukkam, of which the petitioner was the Headmaster In the complaint it was alleged that, after receiving an amount of Rs.94,000/- for installation of child friendly elements under the Sarva Siksha Abhayan, the petitioner along with the Engineer, Overseer of SSA and the President of PTA committed cheating by misappropriating a portion of the amount without utilizing it for the sanctioned purpose. After investigation, Annexure A3 final report was filed for offences punishable under Sections 420, 468 and 471 r/w Section 34 of IPC. The petitioner is seeking to quash the final report and further proceedings in C.C. No.377 of 2019 on the files of the Chief Judicial Magistrate Court, Kasargod. 2. Learned Counsel for the petitioner submitted 2025:KER:21441 Crl.MC No.34 of 2021 3 that the complaint is politically motivated. The very fact that the complaint was filed in the name of minor students of the UP School is indicative of the mala fides involved. Referring to the documents produced along with the Crl.MC, it is contended that the sanctioned amount of Rs.94,000/- was fully utilized for painting the smart class rooms, purchase of revolving chairs and other materials, construction of concrete pit etc. It is pointed out that as per Annexure A11 the report of the District Project Engineer, the difference between the amount sanctioned and the amount utilized is only Rs.16,000/- and the petitioner remitted that amount. 3. Learned Public Prosecutor submitted that the allegation is not only about diversion of the sanctioned amount, but submission of stage certificate and completion certificate without actually doing the work. It is submitted that the cheques for obtaining the amount in installments had to be signed by the Headmaster and the PTA President. By submitting the cheques and receiving the amounts, 2025:KER:21441 Crl.MC No.34 of 2021 4 based on bogus certificates issued by the 2nd and 3rd accused, the petitioner has committed forgery and cheating. 4. There appears to be some substance in the submission that major part of the amount sanctioned was utilized for carrying out necessary painting works and purchase of materials. The question is whether the petitioner had submitted bogus stage and completion certificates and misappropriated the amount thus received. A decision on the question requires appreciation of evidence, which exercise cannot be undertaken under Section 482 of Cr.P.C. The proper remedy is for the petitioner to approach the trial court seeking discharge and seek consideration of the application in absentia. The Crl.MC is accordingly closed, without prejudice to the petitioner’s right to seek discharge and with a direction to the court below to pass a reasoned order, if such a petition is filed, adverting to the contention that cognizance taken without obtaining sanction under Section 197 of Cr.PC is legally illegal. If the petitioner files an 2025:KER:21441 Crl.MC No.34 of 2021 5 application seeking exemption from personal appearance till the discharge petition is decided, appropriate decision shall be taken thereon, considering that the petitioner is a lawyer practicing in the same court. Sd/- V.G.ARUN JUDGE Cak 2025:KER:21441 Crl.MC No.34 of 2021 6 APPENDIX OF CRL.MC 34/2021 PETITIONER ANNEXURES ANNEXURE-1 CERTIFIED COPY OF COMPLAINT DATED 14.1.2015 ANNEXURE-1(a) CERTIFIED COPY OF FIR NO.95/2015 OF VIDYANAGAR POLICE STATION ANNEXURE-2 TRUE COPY OF ORDER DATED 17.2.2016 IN CRL MC NO.5463/2015 ANNEXURE-3 CERTIFIED COPY OF FINAL REPORT DATED 30.10.2018 BEFORE THE CHIEF JUDICIAL MAGISTRATE, KASARGOD ANNEXURE-4 TRUE COPY OF SUMMONS IN CC NO.377/2019 BEFORE CHIEF JUDICIAL MAGISTRATE, KASARGOD WITH TYPED COPY ANNEXURE-5 TRUE COPY OF THE AGREEMENT DATED 22.06.2012 BETWEEN SSA AND PETITIONER ANNEXURE-6 TRUE COPY OF CASH VOUCHER IN RESPECT OF PAYMENT OF RS 29,000/- TO SAJAN ANNEXURE-7 TRUE COPY OF RECEIPT DATED 27.3.2013 ISSUED BY PVS STEEL INDUSTRIES FOR RS.65,000/- ANNEXURE-8 TRUE COPY OF RECEIPT ISSUED BY PTA (DATED NIL) FOR RS 16,000/- ANNEXURE-9 TRUE COPY OF RECEIPT FOR PAYMENT OF RS.600 AS WAGES ANNEXURE-10 TRUE COPY OF PHOTOCOPY SHOWING THE PREPARATORY WORK ANNEXURE-11 TRUE COPY OF REPORT OF THE DISTRICT PROJECT OFFICER, SSA DATED 4.2.2015