Single Judge Criminal Misc. No. 4975 of 2015. The Court allowed the petition and quashed the Final Report (Annexure-A3) in C.C.No.1030 of 2015 alleging offences under the Indian Penal Code.
The Final Report in C.C.No.1030 of 2015 was quashed.
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 K.ABRAHAM MATHEW
MONDAY, THE 12TH DAY OF MARCH 2018 / 21ST PHALGUNA, 1939
Crl.MC.No. 4975 of 2015
C.C.NO. 1030/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGOD
CRIME NO. 308/2009 OF KUMBALA POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED NOS. 1, 2 & 4 :
3 DHARANEEDRA, AGED 36 YEARS, S/O.KRISHNAPPA, R/AT APSARA MILL, SEETHAMGOLI, KASARAGOD DISTRICT.
BY ADV.SRI.S.JIJI
RESPONDENT(S)/STATE & DE-FACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. JOSEPH D'SOUZA, AGED 41 YEARS, S/O.KAITHAN D'SOUZA, KAVERIKANA, EDNAD VILLAGE AND POST, KASARAGOD.
R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI
R2 BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
13.03.2018
Crl.MC.No. 4975 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES :
| ANNEXURE-A1: | TRUE COPY OF THE F.I.R IN CRIME NO.308/2009 OF KUMBALA POLICE STATION DATED 22.10.2009. |
|---|---|
| ANNEXURE-A2: | TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE DE-FACTO COMPLAINANT DATED 21.10.2009. |
| ANNEXURE-A3: | CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.308/2009 OF KUMBALA POLICE STATION DATED 22.10.2009. |
| ANNEXURE-A4: | TRUE COPY OF THE DECISION NO.98/2009 DATED 07.07.2009 OF PUTHIGE PANCHAYATH. |
| ANNEXURE-A5: | TRUE COPY OF THE LETTER DATED 30.08.2009 ISSUED BY THE HEALTH INSPECTOR, PUTHIGE. |
| ANNEXURE-A6: | TRUE COPY OF THE NOTICE DATED 05.09.2009 ISSUED BY THE SECRETARY, PUTHIGE GRAMA PANCHAYATH |
| ANNEXURE-A7: | TRUE COPY OF THE DECISION NO.147/2009 DATED 06.10.2009 OF PUTHIGE PANCHAYATH. |
| ANNEXURE-A8: | TRUE COPY OF THE F.I.R IN CRIME NO.310/2009 OF KUMBALA POLICE STATION, DATED 23.10.2009. |
| ANNEXURE-A9: | TRUE COPY OF THE LETTER ISSUED BY THE EDNAD VILLAGE OFFICER DATED 12.11.2009 |
| ANNEXURE-A10: | TRUE COPY OF THE DECISION NO.169/2009(1) DATED 30.11.2009 OF PUTHIGE PANCHAYATH. |
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
13.03.2018
K.ABRAHAM MATHEW J
Crl.M.C. No.4975 of 2015
Dated this the 12th day of March, 2018
ORDER
The petitioners are accused 1, 2 and 4 in C.C.No.1030 of 2015 on the file of the Judicial First Class Magistrate Court-I, Kasaragod in which the allegation is that they along with the third accused committed the offences under Sections 109 and 427 IPC. It was the 2nd respondent who set the criminal law in motion by filing a complaint before the Judicial Magistrate concerned. He was conducting a bunk on the side of a public road in Puthige Grama Panchayath, of which the first and second petitioners were President and Vice President respectively. The complaint was that on the orders passed by them the third petitioner, who is a driver of a JCB, demolished the bunk causing the 2nd respondent a loss of Rs.50,000/-. After investigation the police have filed Annexure-A3 final report. This is sought to be quashed.
Crl.M.C. No.4975 of 2015 2
drivers of the vehicles which used the public road, on the basis of which the Panchayath issued a notice to the 2nd respondent either to remove it or shift it to another place. As he did not respond to the notice to Panchayath removed it. The 2nd respondent has no case that the notice was not served on him. He suppressed issuance and receipt of the notice. It was in accordance with the law the Panchayath removed the bunk. The facts of the case do not disclose commission of any offence. The proceedings in the trial court are liable to be quashed.
In the result, this Crl.M.C is allowed. Annexure-A3 final report in C.C.No.1030 of 2015 on the file of the Judicial First Class Magistrate Court-I, Kasaragod are quashed.
Sd/- K.ABRAHAM MATHEW JUDGE
pm
1 issue framed by the court
Whether the complaint lodged by the respondent regarding the demolition of his bunk discloses commission of any offence.
Thomas D'Souza
Jayantha Patali
State of Kerala
Joseph D'Souza
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
