2025:KER:28275 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CRL.MC NO. 2534 OF 2025 CRIME NO.943/2013 OF Perinthalmanna Police Station, Malappuram IN CC NO.36 OF 2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, PERINTHALMANNA PETITIONER/ACCUSED NO.2: BIJU K R, AGED 49 YEARS RAJAM VILLA ERATH,KULAKKADA MURI ,KULAKKADA P O,KALAYAPURAM VILLAGE KOTTARAKKARA TALUK ,KOLLAM DISTRICT, PIN - 691521 BY ADV ALEX JOSEPH RESPONDENTS/STATE AND COMPLAINANT: 1 STATE OF KERALA , REP BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ,ERNAKULAM, PIN - 682031 2 DR MUBARAK , THINDICKAL HOUSE ,PONYAMKURISSI,PERINTHALMANNA,MALAPPURAM DISTRICT, PIN - 679322 SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:28275 Crl.M.C.No.2534 of 2025 2 ORDER Dated this the 25th day of March, 2025 The Perinthalmanna Police has registered Crime No.943 of 2013, based on a complaint filed by the 2nd respondent against two persons alleging commission of the offence punishable under Section 420 read with 34 of IPC. Later it came to light that a series of similar crimes were committed by a team of persons based on a large scale conspiracy. Therefore, a special investigation team was constituted and in the final reports filed, petitioner was arrayed as the 2nd accused and charged with offences under Sections 120B, 406, 419, 420, 468 and 471 read with section 34 of IPC. The prayer in this Crl.M.C is to quash the 2025:KER:28275 Crl.M.C.No.2534 of 2025 3 further proceedings in C.C.No.36 of 2014 on the files of the Judicial First Class Magistrate, Perinthalmanna. 2. Learned counsel for the petitioner contended that his client is roped in as an accused, on the allegation of having obtained false driving licences in the name of accused Nos.1 and 3, for the purpose of using them as genuine for registering a company by name 'Team Solar Renewable Energy Solutions Pvt.Ltd. and for using them as proof of identity in banks etc., thereby committing the offences under Sections 468 and 471 of IPC. It is the contention of the learned counsel that his client is not a party or signatory of any of the agreements executed between the de facto complainant and the other accused and cannot therefore be prosecuted for the offence of cheating and breach of trust. As far as the offences under Sections 2025:KER:28275 Crl.M.C.No.2534 of 2025 4 468 and 471 are concerned the petitioner was tried and acquitted by the trial court on identical set of facts as per Annexures A5 and A7 judgments. 3. Heard, the learned Public Prosecutor also. 4. It is true that the petitioner stands acquitted for the offences under Sections 468 and 471 of IPC in two other crimes as per Annexures A5 and A7 judgments. The said acquittal cannot be a reason for quashing the proceedings in a case arising from a different crime since, apart from the allegation of having obtained driving licence in the name of accused Nos.1 and 3, certain other imputations are made against the petitioner in Annexure A2 final report. While dismissing the discharge petition filed by the petitioner way back in the year 2014, the learned Magistrate has also noted that in his complaint, 2025:KER:28275 Crl.M.C.No.2534 of 2025 5 Dr.Mubarack, the de facto complainant has specifically alleged involvement of the petitioner. Therefore, it will be inappropriate for this Court to interfere at this stage since the correctness or otherwise of the allegations is to be decided based on evidence, both oral and documentary. For the aforementioned reasons, the Crl.M.C is dismissed. Sd/- V.G.ARUN JUDGE SSK/sj 2025:KER:28275 Crl.M.C.No.2534 of 2025 6 APPENDIX OF CRL.MC 2534/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR NO. 943 DATED 21ST JUNE 2013 LODGED BY THE RESPONDENT NO.2 WITH PERINTHALMANNA PS Annexure A2 TRUE COPY OF THE FINAL REPORT DATED 03RD JANUARY 2014 FILED BEFORE THE LD. JUDICIAL FIRST CLASS MAGISTRATE COURT -1, PERINTHALMANNA BY THE PERINTHALMANNA PS IN FIR NO. 943 / 2013 Annexure A3 TRUE COPY OF THE ORDER DATED 04TH NOVEMBER 2014 IN CRL. M.P. NO. 1614 OF 2014 IN C.C. NO. 36 / 2014 PASSED BY THE LD. JUDICIAL MAGISTRATE OF FIRST CLASS – 1, PERINTHALMANNA Annexure A4 TRUE COPY OF THE EVIDENCE OF PW1 I.E. RESPONDENT NO.2 BEFORE THE LD. JUDICIAL MAGISTRATE OF FIRST CLASS – 1, PERINTHALMANNA Annexure A5 TRUE COPY OF THE JUDGMENT DATED 16TH DECEMBER 2016 PASSED BY THE LD. JUDICIAL MAGISTRATE OF FIRST CLASS -1, PERUMBAVOOR IN CC NO. 102 / 2014 Annexure A6 TRUE COPY OF THE COMMON JUDGMENT DATED 17TH JULY 2020 IN CRL. APPEAL NO. 25/2017, 186/2017 & 161/2019 PASSED BY LD. ADDL. DISTRICT AND SESSION JUDGE, MUVATTUPUZHA Annexure A7 TRUE COPY OF THE JUDGMENT DATED 31ST JANUARY 2025 PASSED BY THE LD. LD. JUDICIAL FIRST CLASS MAGISTRATE, KOYILANDY IN CC NO. 266 OF 2014 2025:KER:28275 Crl.M.C.No.2534 of 2025 7 Annexure A8 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT, CENTRAL PRISON, TRIVANDRUM Annexure A9 TRUE COPY OF THE PRINT OUT OF THE VIRTUAL DAILY PROCEEDINGS IN CC/36/2014 BEFORE THE LD. JUDICIAL FIRST CLASS MAGISTRATE COURT 1, PERINTHALMANNA RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE