Petitioner, fifth accused in a corruption trial, sought quashing of proceedings under Section 482 CrPC on grounds that implicated land was not forest land and a prior forest case was quashed. Court held trial was underway and Section 313 CrPC applied; petition dismissed as abuse of power.
Petition under Section 482 CrPC to quash proceedings is dismissed
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931
Crl.MC.No. 2113 of 2009() ------------------------CC.47/2002 of ENQUIRY COMMR. & SPL.JUDGE, KOZHIKODE ....................
PETITIONER(S): 5t TH ACCUSED:
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V.V.JOSEPH, S/O.VERKEY, AGED 70 YEARS, VETTIYANKAL HOUSE, PERMANGALAM, KALOOR PO., KALLURKKAD, THODUPUZHA.
BY ADV. MR.BINU PAUL (NETTOOR)
RESPONDENT(S): COMPLAINANT:
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STATE OF KERALA REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE, ANTI CORRUPTION BUREAU, WAYANAD REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR MR. AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO. 2113 OF 2009
Dated 6th August 2009
O R D E R
Petitioner is fifth accused in C.C.47/2002 on the file of Special Judge, Vigilance, Kozhikode. Petitioner is facing trial along with ten others for the offences under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act and Sections 409, 167, 120 B of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against petitioner contending that the vigilance case is based on a wrong assumption that 74 acres of land in R.S.1130 of Thondarnadu village was a vested forest as Annexure-A4 establishes the exact legal position and that question could be determined only after survey and in Crl.M.C.6636/2002 this court has quashed the case pending before C.C.124/2001 registered for the offence under Section 27(1)(c)(iii) of Kerala Forest Act and in such circumstances, continuation of the proceedings is only an abuse of
CRMC 2113/09
2
process of court.
and learned Public Prosecutor were heard.
Petition is dismissed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
1 issue framed by the court
Whether Section 482 CrPC can be invoked to quash proceedings based on a dispute regarding land status pending in a forest act case.
Colour shows how this judgement treated each authority
Crl.M.C.6636/2002Referred¶19
5 provisions across 4 enactments
V.V. Joseph
State of Kerala
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
