The High Court dismissed a petition for quashing criminal proceedings. It held that the allegations involve specific forest offences pending before the Trial Court and the petitioner's advanced age and ailments were insufficient grounds to quash the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE M.C.HARI RANI
FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930
Crl.MC.No. 994 of 2004(D)
PETITIONER: ACCUSED NO.1:
KUMARI VARMA, AGED 70 YEARS, DAUGHTER OF THE LATE SRI.P.R. RAMAVARMA RAJA, ALAKODE HOUSE, ALAKODE P.O., KANNUR DISTRICT.
BY ADV. SRI.M.A.NISSAR SRI.S.M.PREM SMT.K.P.SANTHI
RESPONDENTS: COMPLAINANT:
BY PUBLIC PROSECUTOR SHRI NOBLE MATHEW
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER ON CRL.M.A.4580/04 IN CRL.M.C.994/04
DISMISSED
13.6.08 SD/- (M.C.HARI RANI, JUDGE)
M.C.HARI RANI, J.
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CRL.M.C.No.994 OF 2004
DATED THIS THE 13th DAY OF JUNE, 2008
O R D E R
This petition is filed under Section 482 of Cr.P.C. by the 1st accused in C.C.Nos.325, 334, 335 and 327 of 2003 and S.T.C.No.4260/03 before the Judicial First Class Magistrate's
Court, Taliparamba pending against him and registered for the offences punishable under sections 27(1)(e)(i) and 66 of the Kerala Forest Act, 1961 read with Section 3 and 4 of the Kerala Private Forest (Vesting and Assignment) Act, 1969.
CRL.M.C.No.994/04 -2-
filed O.A.No.90/79 before the Forest Tribunal, Palakkad for a declaration that 348 acres of cardamom plantation in R.S.No.292/1A does not vest with the Government being a plantation and exempted under the Act. That O.A. was disposed of by the Tribunal against which M.F.A.No.658/90 was filed before this Court. As per judgment dated 16.1.1991, this Court remanded the case back to the Tribunal for fresh consideration as per Annexure VI order. Pursuant to the remand, the Tribunal considered the matter afresh and as per order dated 16.10.1995, disposed of the petition which was challenged by the father of the petitioner by filing M.F.A.No.595/96 before this Court. The State has also preferred M.F.A.No.177/97. M.F.A.No.595/96 was found against the petitioner's father. Subsequently, the matter has been taken before the Hon'ble Supreme Court which found against the petitioner herein as represented by the learned counsel appearing for the petitioner. Pending those proceedings. the above cases, that is, Annexures I to V, has been lodged against the petitioner herein and three other accused which is sought to be quashed under Section 482 of Cr.P.C.
CRL.M.C.No.994/04
-3-
those proceedings were initiated against the petitioner herein and other accused for offences punishable under sections 27(1)(e)(i) and 66 of the Kerala Forest Act, 1961 read with Section 3 and 4 of the Kerala Private Forest (Vesting and Assignment) Act, 1969 and the matter is pending before the Judicial First Class Magistrate's Court, Taliparamba. The representation made by the learned counsel appearing for the petitioner that the petitioner is a widow aged 74 years and is suffering from various ailments and that if the proceedings are permitted to be proceeded with against the petitioner, it will cause serious prejudice and difficulties to the petitioner cannot be taken as sufficient ground to quash the proceedings pending against the petitioner herein before the competent Magistrate Court.
CRL.M.C.No.994/04
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this Court cannot exercise the inherent power envisaged under Section
482 of Cr.P.C. in this matter.
In the result, this Crl.M.C. is dismissed.
M.C.HARI RANI, JUDGE.
dsn
1 issue framed by the court
Whether the proceedings initiated against the petitioner under the Kerala Forest Act can be quashed under Section 482 of Cr.P.C.
2 provisions across 2 enactments
Kumari Varma
State of Kerala
Forest Range Officer
M.C. Hari Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
