Petition filed under Section 438 Cr.P.C. 2. Petitioner is the sole accused in Crime No.126/14 of Kottayam East Police Station registered for offences under Sections 468 and 471 I.P.C.
3. The petitioner is a Lower Division Clerk attached to the office of the District Police Chief, Kottayam. The allegation is that he created a false file in the name of a Philippine national and created a false certificate of registration and other documents forging the signature of the then District Police Chief. The submission of the learned counsel for the petitioner is that the petitioner had been authorised to sign on behalf of the District Police Chief and it was unnecessary for him to forge the signature of the District Police Chief and he is innocent.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The criminal law was set in motion by none other than the District Police Chief. It is very difficult to believe that without any B.A. No. 2703 of 2014 -:2:-
foundation the District Police Chief will raise such allegation against a Lower Division Clerk attached to his office. More over, it is very difficult to believe that a Lower Division Clerk will be authorised to sign papers on behalf of District Police Chief. I do not think that this is a proper case to invoke the jurisdiction of this Court under Section 438 Cr.P.C.
In the result, this application is dismissed.
K. ABRAHAM MATHEW, JUDGE ttb