In Crl.MC.No.2233/2012, the Kerala High Court refused to quash criminal proceedings under the Kerala Forest Act. The court held that the case was not fit for invoking inherent powers to quash proceedings and that the accused could raise defences in trial.
Petition to quash criminal proceedings dismissed in the interest of justice by the High Court.
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 MR.JUSTICE S.S.SATHEESACHANDRAN
THURSDAY, THE 11TH DAY OF OCTOBER 2012/19TH ASWINA 1934
Crl.MC.No. 2233 of 2012 ()
CC.NO.67/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT.-I,PATHANAMTHITTA O.R.NO.2/2004 OF PADAM FOREST STATION
PETITIONER(S):
B.SUDHAKUMAR, S/O.VISHWANATHA PILLAI, AGED 52, VAZHIVELI HOUSE, MANAPPALLY SOUTH, KARUNAGAPALLY, PIN-690 539.
BY ADVS.SRI.P.MARTIN JOSE
SRI.S.VAIDYANATHAN SRI.P.PRIJITH
RESPONDENTS/COMPLAINANT:
1. THE STATE OF KERALA,
2. THE DEPUTY RANGE OFFICER,
BY SPL.PUBLIC PROSECUTOR.SRI.M.P.MADHAVANKUTTY
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
CRMC.NO.2233/2012
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEX 1 | COPY OF THE FORM NO.2 IN O.R.NO.2 OF 2004 OF PADAM FOREST STATION. |
|---|---|
| ANNEX II | COPY OF THE DOCUMENT NO.769 OF 2004, DATED 11/03/2004 OF KONNY SUB REGISTRY. |
| ANNEX III | COPY OF THE DOCUMENT NO.770 OF 2004 DATED 11/03/2004 OF KONNY SUB REGISTRY. |
| ANNEX IV | COPY OF THE DOCUMENT NO.771 OF 2004 DATED 11/03/2004 OF KONNY SUB REGISTRY |
| ANNEX V | COPY OF THE BASIC TAX RECEIPT DATED 29/10/2005 |
| ANNEX VI | COPY OF THE CERTIFICATE ISSUED BY TAHASILDAR, KOZHENCHERRY TALUK DATED 21/11/2005 |
| ANNEX VII | COPY OF THE INTERIM ORDER IN WP(C)NO.20433/2004 DATED 21/7/2004 OF THIS HON'BLE COURT |
| ANNEX VIII | COPY OF THE COUNTER IN WP(C)NO.20433/2004 FILED BY STATE. |
| RESPONDENT | 'S ANNEXURES: |
| **ANNEX R2(A) ** | COPY OF THE FORM-II REPORT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS COURT-1, PATHANAMTHITTA |
| **ANNEX R2(B) ** | COPY OF THE PROCEEDINGS ORDER NO.615-3479/07/K.DIS DATED 16/10/2007 BY THE REVENUE DIVISIONAL OFFICER, ADOOR. |
/TRUE COPY/
P.A.TO.JUDGE
sts
S.S.SATHEESACHANDRAN, J.
-----------------------------------------------
Crl.M.C.No.2233 of 2012
----------------------------------------------Dated this the 11th day of October, 2012
O R D E R
Petitioner is the accused in a pending case numbered as C.C.No.67 of 2010 on the file of the Judicial Magistrate of the First Class-I, Pathanamthitta. He is being prosecuted for the offence punishable under Section 27(1)(e)(iv) of the Kerala Forest Act, on a report filed by the 2nd respondent, Deputy Ranger, Range Office, Forest Station, Padam. Annexure I is the Form II report filed by the 2nd respondent on which cognizance of the aforesaid offence against the petitioner/accused has been taken by the magistrate with the case numbered as above, and it is pending for further steps in trial. Petitioner has filed the above petition to quash the
Crl.M.C.No.2233 of 2012
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criminal proceedings against him contending that the imputation made to prosecute him for the aforesaid offences on the premise that he has committed some acts in a vested forest is unworthy of any merit as such land is his registered holding. Copies of the title deeds and also copy of a judgment rendered in a writ petition which are produced as Annexures in the petition are banked upon to raise such a plea to assail his prosecution, and to seek quashing of the proceedings invoking the inherent powers of this court.
Crl.M.C.No.2233 of 2012
applicable in respect of forest land. With respect to the judgment rendered by this court, copy of which is produced as Annexure VII, learned Special Government Pleader submits that a review petition moved is still pending consideration.
made by the learned Senior Counsel appearing for the petitioner and also the learned Special Government Pleader (Forests), with reference to the annexures produced as well, I find, this is not a fit case for invoking the inherent powers of this court to quash the criminal proceedings. Documents produced by the petitioner, most of them cannot be treated as incontrovertible material on which this court can place implicit reliance to accept the contentions canvassed by him. Further more, this court, on the materials
Crl.M.C.No.2233 of 2012
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placed, at this stage, cannot enter a finding as canvassed for that the land in which the offence/s alleged to have been committed is not a forest land, but a registered holding of the petitioner. Whatever defences available to the petitioner can be canvassed by him in the trial of the case including any plea of discharge, if so available.
Reserving the petitioner's right to do so, petition is dismissed.
Sd/- (S.S.SATHEESACHANDRAN) JUDGE
sk/-
//true copy//
2 issues framed by the court
Whether criminal proceedings against an accused can be prematurely quashed invoking inherent powers of the High Court when the land in question is claimed to be a registered holding but disputed as fo
Whether documents produced by the accused can be treated as incontrovertible material to accept the plea that the land is not forest land at this stage.
1 provisions across 1 enactments
B.Sudhakar
The State of Kerala
Deputy Range Officer
S.S.Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
