Allowed

Jeevan G. v. State of Kerala

Kerala HC3 Nov 2020Crl.MC/1024/2018

Case brief

AI extract

What is this about?

In a criminal reference, the High Court of Kerala quashed a complaint and final report alleging mischief under Section 427 IPC against GAIL officials. The court noted that NHAI had issued a Completion Certificate for road reinstatement, prima facie negating the offence, and suggested the case was a pretext for personal vengeance.

What did the court decide?

Complaint and final report were quashed to avoid abuse of the process of the court.

Jeevan G. Vs State of Kerala — Corruption | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶4

TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942

¶5

Crl.MC.No.1024 OF 2018

¶6

AGAINST THE ORDER/JUDGMENT IN CC 887/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM (TEMPORARY)

¶7

CRIME NO.723/2012 OF Cheranelloor Police Station , Ernakulam

¶8

PETITIONER/1ST ACCUSED:

¶9

JEEVAN G. S/O. LATE K. GOPINATHAN PILLAI, AGED 44 YEARS, SENIOR PROJECT ENGINEER, GAIL INDIA LTD., KOCHI OFFICE, RESIDING AT KRISHNA, KANDATHIL PARAMBIL, VAYALIL PADAM ROAD, THIRUVANKULAM, THRIPUNITHURA, ERNAKULAM682 305.

¶10

BY ADV. SRI.S.MOHAMMED AL RAFI

¶11

RESPONDENTS/STATE AND COMPLAINANT:

¶12

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

¶13

2 C.T. ABRAHAM DEPUTY GENERAL MANAGER & PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT, IMPLEMENTATION UNIT, 28 RAK TOWER, EDAPPALLY, ERNAKULAM - 682 024.

¶14

R1 BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR R2 BY ADV. SRI.E.C.KURIAKOSE

¶15

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

Crl.MC.No.1024 OF 2018

¶17

¶18

ORDER

¶19

The dispute is between two agencies under the

¶20

Central Government – viz. National Highway Authority of India (NHAI) and Gas Authority of India Ltd. (GAIL). Based on a complaint lodged by the Deputy General Manager and Project Director attached to NHAI, the crime was registered against the officials of GAIL alleging the offence under Section 427 r/w Section 34 IPC. NHAI had permitted GAIL to conduct and lay gas pipeline through the side of National Highway for which they entered into an agreement. After laying pipeline, the road was reinstated with the tarred portion for which a Completion Certificate was issued by NHAI. It is thereafter the Project Director and the Deputy Manager attached to NHAI had approached the police and caused to register

¶21

crime alleging the commission of mischief. The issuance of Completion Certificate by NHAI after

¶22

satisfying restoration of road in its original position would prima facie take away the

¶23

Crl.MC.No.1024 OF 2018

¶24

commission of alleged mischief. Though the agreement refers to an alignment plan for the work to be conducted, no such plan was annexed with the agreement. It was submitted that the crime was registered so as to wreck personal vengeance against the petitioner. Prima facie it appears that a complaint was filed alleging mischief even without satisfying its basic requirement. Hence the complaint and the final report are quashed so as to avoid abuse of process of court.

¶25

The Crl.M.C. s allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

SPV

APPENDIX

PETITIONER'S EXHIBITS:

¶32

ANNEXURE A:-	CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 723/12
EXHIBIT B:-	TRUE COPY OF THE NOTIFICATION DATED 12/03/2010 ISSUED BY THE CENTRAL GOVERNMENT
EXHIBIT C:-	TRUE COPY OF THE ORDER NO. NHAI/TECH/VPC/KV/2010/227 DATED 19/11/2010
EXHIBIT D:-	TRUE COPY OF THE LETTER NO. NHAI/COCHIN/ICIT/208/3/2016/477 DATED 12/08/2016 ISSUED BY THE DEPUTY GENERAL MANAGER & PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA.
ANNEXURE E:-	TRUE COPY OF THE PETROLEUM AND MINERALS PIPELINE (ACQUISITION OF RIGHT OF USER IN LAND) ACT 1962.
ANNEXURE F:-	CERTIFIED COPY OF THE COMPLAINT DATED 21.05.2012 SUBMITTED BY THE 2ND RESPONDENT BEFORE SUB INSPECTOR OF POLICE, CHERANALLOOR POLICE STATION
ANNEXURE G:-	CERTIFIED COPY OF THE REPORT DATED 22.05.2012 SUBMITTED BY THE SUB INSPECTOR OF POLICE, CHERANALLOOR POLICE STATION
ANNEXURE H:-	CERTIFIED COPY OF THE F.I.R. IN CRIME NO.723/2012 OF CHERANALLOOR POLICE STATION
ANNEXURE I:-	TRUE COPY OF THE LICENSE DEED FOR LAYING UNDERGROUND GAS PIPELINE ON NATIONAL HIGHWAY AND EXECUTED BETWEEN GAIL AND NATIONAL HIGHWAY AUTHORITY OF INDIA ON 22.10.2010
ANNEXURE J:-	TRUE COPY OF THE LETTER NO.LASA/73221/TL/NHAI/16/037 DATED 28.04.2016 ALONG WITH ANNEXURE-A COMPLETION CERTIFICATE ISSUED BY M/S.LEA ASSOCIATES SOUTH ASIA PVT.LTD.

¶33

RESPONDENTS' EXHIBITS : NIL

¶34

//TRUE COPY//

¶35

PA TO JUDGE

Jeevan G. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jeevan G. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nizam Vs State of Kerala

Mahroofmanalody Vs State of Kerala

Subhash Basheer Vs State of Kerala

Saidalavi Vs Hamsa Haji

K.Nijas Vs State of Kerala

Al Hadly Vs Union of India