Disposed

Jimmy Zacharia and Others v. the Forest Range Officer, Munnar Divisio

Kerala HC25 May 2010Crl.MC/539/2010

Case brief

AI extract

What is this about?

The petitioner accused under the Kerala Forest Act moved to quash proceedings. The bench held it was too early to quash the case and directed that the petitioners be permitted to file for discharge in absentia without personal appearance.

What did the court decide?

Permission granted to file for discharge in absentia; criminal miscellaneous case disposed of reserving the right of petitioners.

Jimmy Zacharia and Others Vs the Forest Range Officer… — Quashing and FIR | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 539 of 2010() -----------------------OR.46/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM ....................

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PETITIONER(S)/ACCUSED :-

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-------------------------------------

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1. JIMMY ZACHARIA, VELLOOKUNNEL HOUSE, CHINNAKANAL, MUNNAR.

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2. V.X.ALBIN, VALIATHARA, CHINNAKKANAL, IDUKKI.

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3. RAJENDRAN, S/O.RAJU, 47/II, CHINNAKANAL PANCHAYATH, IDUKKI.

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BY ADV. MR.P.RAMAKRISHNAN

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RESPONDENT(S)/COMPLAINANT :-

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-----------------------------------------------

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THE FOREST RANGE OFFICER, MUNNAR DIVISION, MUNNAR.

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PUBLIC PROSECUTOR MR.C.S.HRITHIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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V. RAMKUMAR, J.

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= = = = = = = = = = = = =

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Crl.M.C..No.539 of 2010

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= = = = = = = = = = = = = = Dated: 25^th day of May 2010

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ORDER

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Petitioners are the accused in O.R.No.46/2006 of the Judicial First Class Magistrate Court, Nedumkandam for offences punishable under Sections 27 (1) (e) (i) of the Kerala Forest Act 1961, seek to quash Annexure A1 and all further proceedings in O.R.No.46/2006 on the file of the Judicial First Class Magistrate Court, Nedumkanda.

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It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and hold that the prosecution of the petitioners is groundless and the same is liable to be quashed. The appropriate remedy of the petitioners is to plead for a discharge before the Court below.

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Having regard to the facts and circumstances of the case, I am inclined to permit the petitioners to plead for a discharge in absentia. Accordingly if the petitioners file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition.

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Crl. M.C. No.539 of 2010

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This Crl.M.C is disposed of reserving the above right of

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the petitioners.

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Dated this the 25^th day of May, 2010.

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V. RAMKUMAR, JUDGE

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dmb

Jimmy Zacharia and Others v. the Forest Range Officer, Munnar Divisio

Case brief

What is this about?

What did the court decide?

Jimmy Zacharia and Others v. the Forest Range Officer, Munnar Divisio

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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