Evidence Tampering Case| Minister Antony Raju Moves Kerala High Court Seeking To Quash Proceedings Against Him

Transport Minister Antony Raju has approached the Kerala High Court alleging patent illegality in the procedure adopted by the Kerala High Court and by the Session Court, Thiruvanthapuram, and the Police in the evidence tampering case in which he is an accused and thereby, the continuation of the proceedings before the Court below would be a clear abuse of the process of Court.The plea has been moved through Advocate Deepu Thankan. The petitioner is the second accused in a case filed with JFCM Court, Nedumangad. The allegations levelled against the petitioner in the FIR were that he had destroyed substantial evidence by substituting undergarments which were marked as M.O and were in the possession of the Session Court, thereby cheating the Court and committing an offence under Sections 420 and 201 IPC.After investigation, a charge sheet was Misfiled by the police inducing the petitioner and the first accused as accused in the charge with an allegation that the accused cheated the court by creating false evidence for the purpose of saving the accused and that both accused had collaborated in the fulfilment of the same. While acquitting the accused in an appeal, the Kerala High Court had suggested an inquiry with respect to the tampering of evidence while the material object was in the custody of the Court and thereby the vigilance wing of the Kerala High Court conducted an investigation and the administrative side of the High Court directed the District Judge Thiruvanthapuram direct the second respondent to furnish the First Information Statement to the police and consequently the FIR was registered in 1994.It is submitted by the petitioner that section 195 of the CrPC creates a bar in taking cognizance of the complaint filed by the Police and no court shall take cognizance of the offence under section 193 of the IPC except upon a complaint filed by the Court. The procedure to be followed in such a case is the complaint under section 340 of the CrPC by the Court before the Magistrate Court.The grievance of the petitioner is that the continuation of the proceedings before the Court below is a clear abuse of the process of the Court as no court shall take cognizance of the offence under Section 193 of the IPC except upon a complaint filed by the Court; however, the court below took cognizance of the offence based upon the final report filed by the Police.Case Title: Adv. Antony Raju v. State of Kerala and Others

Evidence Tampering Case| Minister Antony Raju Moves Kerala High Court Seeking To Quash Proceedings Against Him

Athira Prasad

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