Petition filed under Section 438 Cr.P.C.
Petitioner is the sole accused in Crime No. 868/2014 of North Paravoor Police Station which has been registered for the offences under Sections 403, 406, 420, 465, 468 and 471 I.P.C. and Section 3(1) (v) and (viii) of SC/ST (Prevention of Atrocities) Act and Section 17 of Kerala Money Lenders Act.
2. According to the prosecution, the de facto-complainant who is a member of Scheduled Caste, borrowed certain amount from the petitioner a few years ago. When the de facto- complainant failed to repay the whole amount, the petitioner wanted him to execute a mortgage deed as a security for the amount. The petitioner got a document prepared and representing to the de facto-complainant it was a mortgage deed he got signatures of the de facto-complainant. Later, it was reveald that it was a sale deed and the petitioner has thus
B.A. No. 3949 /2014 2
committed fraud upon the de facto-complainant. It is also alleged that the petitioner has filed a false suit against the de facto-complainant in respect of the property. He has thus interfering with the rights of the de facto-complainant in the property.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. I have perused the case diary. There are sufficient averments in the complaint to attract certain provisions of SC/ST (Prevention of Atrocities) Act. Since Section 18 of the Act excludes the jurisdiction of this Court under Section 438 Cr.P.C. this application cannot be entertained.
In the result, this application is dismissed.
But the learned Magistrate may consider on merits, the bail application which may be filed by the petitioner on his arrest.
SD/-
K. ABRAHAM MATHEW JV JUDGE //TRUE COPY// P.A. TO JUDGE