The petitioner herein is the accused in C.C No.1910 of 2012 of the Judicial First Class Magistrate Court, Thalassery. Crime in the said case was registered by the Police on a complaint made by the learned Additional Chief Judicial Magistrate, Thalassery. The allegation in the complaint is that the petitioner herein produced some forged documents as surety for the accused in C.C. No.196 of 1994 before the learned Magistrate. On verification of the revenue receipts as part of enquiry, the learned Magistrate found out this fact. On the said complaint, the Police registered crime under Sections 465, 468 and 471 of Indian Penal Code, and after investigation, submitted final report in court under Sections 465, 468, 471 (A) read with 34 of Indian Penal Code. The said prosecution is sought to be quashed on the ground that the procedure adopted by the learned Magistrate is wrong and illegal. 2. On hearing the learned counsel and on a perusal of the final report and also the complaint made by the learned Magistrate, I find nothing wrong or illegal in the procedure Crl.M.C No.5993 of 2014 2 adopted by the learned Magistrate. This is not a case where forgery was committed in court. In a case of forgery made pending the proceedings, of course, the court will have to make an equiry, come to a finding and make complaint to the proper court having jurisdiction. Here, a forged document was produced in court by the surety. He forged the revenue document somewhere else, and produced receipts in court. When the learned Magistrate found out this fact, he made a complaint to the police. There is nothing wrong or illegal in the procedure adopted by the learned Magistrate. This is not a case of post-production forgery. I find no reason or ground to quash the prosecution. The petitioner can very well make application for discharge before the trial court, if he is confident that there is no prima face material to frame charge against him. Without prejudice to the said right, this petition can be dismissed.
In the result, this petition is dismissed in limine without being admitted to files, of course, without prejudice to the right of the petitioner to apply for discharge before the trial court.
P.UBAID JUDGE ma