Allowed

G.Sreekumar v. State of Kerala

Kerala HC3 Apr 2018Crl.MC/1320/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings against two accused members of a temple advisory committee. The Court held that since the accused had no direct role in the construction and the decision was taken by the Devaswom Board, they cannot be proceeded against merely for being committee members.

What did the court decide?

The proceedings in Crime No.42 of 2018 of Chavara Thekkumbhagam Police Station are quashed so far as the petitioners are concerned.

G.Sreekumar Vs State of Kerala — Quashing and FIR | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940

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Crl.MC.No. 1320 of 2018

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-----------------------CRIME NO. 42/2018 OF CHAVARA THEKKUMBHAGAM POLICE STATION , KOLLAM

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

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PETITIONER(S)/ACCUSED 1 AND 2 IN CRIME NO.42/2018 OF CHAVARA THEKKUMBHAGAM POLICE STATION

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1 G.SREEKUMAR,

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S/O.GOPALA PILLA, AGED 45, RAJASREE NILAYAM,

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THEVALAKARA P.O., KIZHAKEKKARA,

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MYNAGAPPALLY VILLAGE-690524, KUNNATHOOR TALUK,

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KOLLAM DISTRICT.

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2 J.RADHAKRISHNA PILLA,

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S/O.JANARDHANA KURUP, AGED 63,

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THEKKEDATH THAPSYA, NADUVILAKKARA,

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THEVALAKKARA P.O., KOLLAM.

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BY ADVS.SRI.R.LAKSHMI NARAYAN

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SMT.R.RANJINI

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SRI.M.ASHOK KINI

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RESPONDENT(S)/IN CRL.M.C./STATE AND COMPLAINANT:

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1. STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA-682031.

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2. THASILDAR (BOUNDARY),

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TALUK OFFICE, KARUNAGAPPALLY-690518.

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ADDL R3 IMPLEADED

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3 THE DISTRICT COLLECTOR,KOLLAM

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SUO-MOTU IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 13.3.18 IN CRMC NO.1320/18

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BY SENIOR PUBLIC PROSECUTOR SRI C.S.HRITHWICK

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.V.

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Crl.MC.No. 1320 of 2018 ()

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PETITIONER(S)' ---------------	ANNEXURES ---------
ANNEXURE A1	THE PHOTOCOPY OF FIR NO.42/2018.
ANNEXURE A2	THE PHOTOCOPY OF THE STATEMENT DATED 09.01.2018, OF THE TAHSILDAR.
ANNEXURE A3	THE PHOTOCOPY OF THE COMMUNICATION DATED 13.01.2016 ISSUED BY THE DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION).
ANNEXURE A4	THE PHOTOCOPY OF THE PROCEEDINGS DATED 11.10.2017 ISSUED BY THE BOARD.
ANNEXURE A5	THE PHOTOCOPY OF THE RELEVANT PAGE OF THE REGISTER MAINTAINED BY THE TRAVANCORE DEVASWOM BOARD.
ANNEXURE A6	THE PHOTOCOPY OF ORDER DATED 31.01.2018.
ANNEXURE A7	THE PHOTOCOPY OF THE COMPLAINT 25.04.2017 FILED BEFORE THE ASSISTANT POLICE COMMISSIONER, KARUNAGAPPALLY.
ANNEXURE A8	THE PHOTOCOPY OF THE COMPLAINT DATED 25.04.2017 FILED TO THE CIRCLE INSPECTOR OF POLICE CHAVARA.
ANNEXURE A9	THE PHOTOCOPY OF THE COMPLAINT DATED 09.05.2017 SUBMITTED BEFORE THE ASSISTANT COMMISSIONER OF THEVALAKKARA DEVASWOM, KARUNAGAPPALLY.
ANNEXURE A10	THE PHOTOCOPY OF THE COMMUNICATION DATED 01.01.2018 RECEIVED FROM THE THEVALAKKARA GRAMA PANCHAYATH.
ANNEXURE A11	THE PHOTOCOPY OF THE CIRCULAR DATED 20.08.1974 ISSUED BY THE GOVERNMENT OF KERALA.
ANNEXURE A12	THE PHOTOCOPY OF THE CIRCULAR DATED 27.10.1989 ISSUED BY DEVASWOM BOARD.
ANNEXURE A13	THE PHOTOCOPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER THEVALAKKARA DATED 26.12.2017, ALONG WITH BASIC TAX REGISTER AND THE LOCATION SKETCH.
RESPONDENTS ANN ---------------	EXURES: NIL ------
	/TRUE COPY/
K.V. 4.04.2018	P.S.TO JUDGE

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K.ABRAHAM MATHEW J.

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Crl.M.C.No.1320 of 2018

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Dated this the 3^rd day of April, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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The petitioners are accused 1 and 2 in Crime No.42 of 2018 of Chavara Thekkumbhagam Police Station registered for the offences under Section 188 IPC and Section 7 of Land Conservancy Amendment Act. They were members of the advisory committee attached to Thevalakkara Devaswom of the Travancore Devaswom Board. The Devaswom has put up a 'Nadapandal' over the road leading to the temple. It is alleged that it is a public road and the lands adjoining the road are 'puramboke'. The proceedings are sought to be quashed as against the petitioners on the ground that they are not directly involved in the construction of the Nadapandal and it was done by the Devaswom with the assistance of devotees.

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

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The decision to construct the 'Nadapandal' was taken by the Devaswom Board. 'Nadapandal' was constructed by the Board. The petitioners were only members of the advisory committee attached to the temple. Their term was one year. It appears that they had no role in the construction of the 'Nadapandal'. Merely because they happened to be the members of the advisory board they cannot be proceeded against in a criminal court. The proceedings against them are liable to be quashed.

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Crl.M.C.No.1320 of 2018 2

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In the result, this Crl.M.C is allowed. The proceedings in Crime No.42 of 2018 of Chavara Thekkumbhagam Police Station are quashed so far as the petitioners are concerned.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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cms

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/True copy/ P.S.to Judge

G.Sreekumar v. State of Kerala

Case brief

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G.Sreekumar v. State of Kerala

Case brief

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