Allowed

Bijili Varghese v. State of Kerala

Kerala HC17 Dec 2016Crl.MC/4251/2013

Case brief

AI extract

What is this about?

The High Court of Kerala, under Section 482 Cr.P.C., quashed the Final Report and further proceedings in an offence under the Kerala Conservation of Paddy Land and Wetland Act, 2008, holding that the police were not authorized officers to file reports under Section 25 of the Act. The petitioner was discharged.

What did the court decide?

Quashing of Annexure A2 Final Report and further proceedings; Petitioner discharged.

Bijili Varghese Vs State of Kerala — Quashing and FIR | Kerala HC (2016)

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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 B.SUDHEENDRA KUMAR

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SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938

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Crl.MC.No. 4251 of 2013 ()

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CRIME NO. 3227/2012 OF KARUNAAGAPALLY POLICE STATION , KOLLAM

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PETITIONER/ACCUSED:

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BIJILI VARGHESE

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S/O. VARGHESE, VARKKALAMPATTU VEEDU, KOZHIKODE WEST MURI, AYANIVELIKKULANGARA VILLAGE, KARUNAGAPPALLY TALUK.

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BY ADVS.SRI.ASP.KURUP SRI.SADCHITH.P.KURUP

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RESPONDENTS/RESPONDENT:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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SUB INSPECTOR OF POLICE

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KARUNAGAPPALLY POLICE STATION, KOLLAM-690518.

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BY PUBLIC PROSECUTOR, SRI C K PRASAD

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17-122016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4251 of 2013 ()

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APPENDIX

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PETITIONER'S EXHIBITS

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ANX.A1. TRUE COPY OF THE F.I.R. DATED 17-11-2012 ISSUED BY SECOND RESPONDENT.

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ANX.A2. TRUE COPY OF FINAL REPORT SUBMITTED BY 2ND PETITIONER.

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ANX.A3. TRUE COPY OF SUMMONS DATED 1-4-2013 ISSUED BY CJM COURT TO THE PETITIONER.

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ANX.A4. TRUE COPY OF DATA BANK DATED 14-12-12 ISSUED BY AGRICULTURAL OFFICER.

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RESPONDENT'S' EXHIBITS : NIL

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TRUE COPY

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PA TO JUDGE

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B.SUDHEENDRA KUMAR, J.

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Crl.M.C. No.4251 of 2013

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 17^th day of December 2016

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O R D E R

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The petitioner is the sole accused in Crime No.3227 of 2012 of Karunagappally Police Station registered for the offence under Section 23 of the Kerala Conservation of

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Paddy Land and Wetland Act, 2008 (for short 'the Act').

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Annexure A1 is the F.I.R. Registered in the above

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said case. The police, after completing the investigation, filed Annexure A2 Final Report before the court under Section 173(2) Cr.P.C. against the petitioner for the above

said offence.

Crl.M.C.4251/2013

: 2 :

The petitioner has approached this court under Section 482 Cr.P.C. praying for quashing Annexure A1

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F.I.R, Annexure A2 Final Report and the further proceedings in S.T.No.196/2013 on the files of the Chief Judicial Magistrate court, Kollam.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The learned counsel for petitioner has submitted that since no report was filed before the court below as provided under Section 25 of the Act, the court below had no jurisdiction to take cognizance of the offence and issue process against the petitioner. The learned Public Prosecutor has fairly conceded that the report filed by the

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Crl.M.C.4251/2013

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: 3 :

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police under Section 173(2) Cr.P.C. cannot be a substitute for the report as contemplated under Section 25 of the Act.

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Section 25 of the Act provides no court, below the

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rank of Chief Judicial Magistrate, shall take cognizance of any offence punishable under the Act except on a report in writing of the fact constituting such offence by an officer authorised under sub section (1) of Section 12 of the Act. Sub section (1) of Section (12) of the Act provides that the Government may, by notification in the Official Gazette, appoint such officers of the Revenue Department not below the rank of Village officer as authorised officers and may determine the area of jurisdiction within which they shall exercise the powers under the Act.

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Crl.M.C.4251/2013

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: 4 :

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In this case, Annexure A2 Final Report was filed by the Sub Inspector of Police, Karunagapally Police station, who is admittedly not an authorised officer under sub Section (1) of Section 12 of the Act and in the said circumstances, there can be no doubt that the court below had no jurisdiction to take cognizance of the offence on the basis of Annexure A2 Final Report. Therefore, it is only just and proper to quash Annexure A2 Final Report and the further proceedings pursuant to Annexure A2 Final Report, to secure the ends of justice and accordingly I order so.

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In the result, this petition stands allowed, quashing Annexure A2 Final Report and further proceedings in S.T. No.196/2013 on the files of the court below and the

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Crl.M.C.4251/2013

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: 5 :

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petitioner stands discharged.

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I make it clear that this order will not stand in the way

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in filing the report as envisaged under Section 25 of the

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Act.

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Sd/-

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B.SUDHEENDRA KUMAR, JUDGE

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dl/.19.12.2016

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// True Copy //

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PA to Judge

Bijili Varghese v. State of Kerala

Case brief

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Bijili Varghese v. State of Kerala

Case brief

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