The Kerala High Court on October 27, 2023 (Friday) dismissed a petition filed by K.B. Ganesh Kumar, MLA, seeking to quash a criminal case registered against him in connection with the alleged conspiracy to name the late Congress leader and former Chief Minister Oommen Chandy in a sexual assault case.
The case was registered against the MLA on a private complaint filed by Congress activist and advocate Sudheer Jacob before the Kottarakara First Class Judicial Magistrate Court. In his complaint, Mr. Jacob had alleged that Mr. Ganesh Kumar and others had produced a forged letter before the Solar Enquiry Commission purportedly written on July 19, 2013 by the prime accused in the solar cheating case, levelling sexual assault charges against Oommen Chandy.
He pointed out that the letter produced before the commission was a fabricated one. It was fabricated as part of a criminal conspiracy hatched by them against the then Chief Minister, other Ministers and political leaders, Mr. Jacob alleged.
The magistrate court while admitting the complaint had held that there was prima facie evidence to take cognizance of the complaint against Mr. Ganesh Kumar and others under Section 193 (giving or fabricating false evidence), 182 (false information, with intent to cause public servant to use his lawful power to the injury of another person), 469 (forgery), 471 (using as genuine a forged document) and 120 B (criminal conspiracy).
‘Abuse of process of court’
Mr. Ganesh Kumar said in his petition that the proceedings against the petitioner were an abuse of the process of the court. The Solar Enquiry Commission had not found that the letter was a forged one and the Magistrate could not decide whether the letter was genuine or not as per law. The proceedings before the Magistrate amounted to appealing against a report submitted by the Solar Enquiry Commission which is not permitted as per law. Besides, the complaint did not make out any offences against him, he contended.
Hence, he sought to quash the proceedings pending before the magistrate court.
