2025:KER:21779 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 CRL.MC NO. 2495 OF 2025 CRIME NO.1013/2022 OF Aluva Police Station, Ernakulam ORDER DATED 18.02.2025 IN CC NO.1053 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA PETITIONERS/ACCUSED: 1 K.M.MUNEER AGED 51 YEARS S/O. MUHAMMAD, RESIDING AT KALLUNGAL HOUSE, THAIKKATTUKARA.P.O., ALWAYE, ERNAKULAM, PIN – 683106. 2 JASEELA AGED 45 YEARS W/O. K.M.MUNEER,RESIDING AT KALLUNGAL HOUSE, THAIKKATTUKARA.P.O., ALWAYE, ERNAKULAM-, PIN – 683106. BY ADVS. S.SREEKUMAR (KOLLAM) K.VIJAYAN NAMITHA RAJESH NITHYA V.D. ABHILASH T. RESHMI SASIDHARAN RESPONDENT/S TATE : 1 THE STATE OF KERALA REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN – 682031. 2 THE STATION HOUSE OFFICER ALUVA POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN – 682031. 2025:KER:21779 CRL.MC NO. 2495 OF 2025 2 SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:21779 CRL.MC NO. 2495 OF 2025 3 ORDER Petitioners are accused in C.C No.1053 of 2023 pending on the files of the Judicial First Class Magistrate Court-I Aluva. The case originated from Crime No.1013 of 2022 registered at the Aluva Police Station for offences punishable under Sections 406, 468, 471, 420 and 34 of the Indian Penal Code. 2. The essential facts are as under:- The de facto complainant and petitioners were partners of a firm by name ‘Global Granitise’. While so, on 02.09.2019, accused forged a document in the name of the de facto complainant, stating that he is withdrawing from the partnership. During the course of investigation, police forwarded the documents containing the signature of the de facto complainant for comparison with the signature in the disputed document. After comparison, Annexure A1 report of analysis was received stating that there is marked difference between the admitted and disputed signatures. 2025:KER:21779 CRL.MC NO. 2495 OF 2025 4 Thereupon, petitioners preferred an application before the jurisdictional court with a prayer to send the signatures for comparison to the Central Forensic Science Laboratory, Hyderabad. The trial court dismissed that application. Hence, this Crl.M.C. 3. Learned counsel for the petitioners contend that the signatures in the documents sent along with the disputed signature for comparison were not sufficient to form a conclusive opinion. Therefore, it is highly essential to obtain more documents containing the admitted signatures of the de facto complainant and forward the same to the Central Forensic Science Laboratory for second opinion. 4. In the impugned order, the learned Magistrate has observed that the case is just taken on file and the accused have not entered appearance. It is also observed that irregularity, if any, in the procedure adopted by the investigating officer in collecting and sending the signatures for forensic report, cannot be looked into at this stage. It is also made clear that the petitioners/accused will get sufficient opportunity to challenge the expert opinion during 2025:KER:21779 CRL.MC NO. 2495 OF 2025 5 trial and can also adduce defence evidence to controvert the findings. 5. Thus, the impugned order protects the interest of the petitioners sufficiently. As rightly observed by the learned Magistrate, the accused cannot, even before entering appearance, challenge the authenticity of forensic report. The irregularity in the procedure adopted by the investigating officer and correctness of the report can be challenged later. The Crl.M.C is hence dismissed, reserving the petitioners’ right to raise all contentions and seek relief from the trial court at the appropriate stage. Sd/- V.G.ARUN JUDGE Sru 2025:KER:21779 CRL.MC NO. 2495 OF 2025 6 APPENDIX OF CRL.MC 2495/2025 PETITIONERS ANNEXURES Annexure A1 TRUE COPY OF THE ANALYSIS REPORT OF THE FORENSIC SCIENCE LABORATORY DATED 23.10.2024 Annexure A2 TRUE COPY OF THE ORDER IN CMP NO. 186/2025 DATED 18.02.2025 PASSED BY THE JFCM-I, ALUVA