The High Court quashed criminal proceedings against the petitioner alleging offences under IPC Sec 447, K.P. Act Sec 120(f), and Prevention of Damage to Public Property Act Sec 3(2)(e), holding the complaint to be an abuse of process due to false allegations of land surrender.
The entire proceedings based on the complaint and the complaint itself are 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 P.SOMARAJAN
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
Crl.MC.No.2783 OF 2020(G)
CRIME NO.63/2020 OF MELATTOOR POLICE STATION, MALAPPURAM
PETITIONER/SUSPECTED ACCUSED:
U.MUHAMMED ALI, AGED 58 YEARS, S/o MOIDU, UNNIYAMBATH HOUSE, THELAKKAD P.O., PATTIKKAD, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN-679325.
BY ADVS.SRI.P.M.JOSHI
SRI.BIJU SUNDAR
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2 SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION, KL SH 38, MELATTUR, MALAPPURAM DISTRICT, PIN-679326.
3 VETTATHOOR GRAMA PANCHAYAT, VETTATHUR ROAD, THELAKKAD, VETTATHUR P.O., MALAPPURAM DISTRICT, PIN-679325, REPRESENTED BY ITS SECRETARY.
R1-2 BY PUBLIC PROSECUTOR SRI. E.C.BINEESH R3 BY ADV. SRI.KISHOR B.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19.11.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2783/2020 & Crl.M.A.No.4/2020
2
ORDER
It is so unfortunate that a crime was registered
against the accused initially alleging offence under Section 447 of the Indian Penal Code and Section 120(f) of the K.P. Act and later on the offence under Section 3(2)(e) of Prevention of Damage to Public Property Act, 1984 was also incorporated so as to strengthen the case. It was happened at the instance of the panchayat based on a false claim that the accused had surrendered a portion of his registered holding to the panchayat so as to widen an existing way. Surrender form also brought to the notice of this court, but the mandate
under Sections 3 and 4 of the Kerala Land Relinquishment Act, 1958, not complied with. A mere signing of a surrender form would not itself divert the right, title, interest or possession over the property, unless the surrender is completed as mandated
under Sections 3 and 4 of the Kerala Land Relinquishment Act, 1958. Without complying with the requirement under Sections 3 and 4 of the said Act, the
Crl.M.C.No.2783/2020 & Crl.M.A.No.4/2020 3
Secretary took the decision to lay a motorable road
over the said property. Later on the Council decided to
remove the road and directions were issued to the Secretary finding that there is no actual surrender of the property. The abovesaid decision was challenged before this court and a stay was granted. It is thereafter the Secretary moved the complaint alleging the offence under Section 447 of the Indian Penal Code and Section 120(f) of the K.P. Act and later on it was amended by incorporating Section 3(2)(e) of Prevention of Damage to Public Property Act, 1984. The highhanded
act of the concerned Secretary is well evident that she had taken decision to lay a motorable way over a portion of the property belonged to the accused, that too even without an actual surrender. It was submitted that later on she was transferred from that station on the said reason. The crime registered by the police is really an abuse of the process of court. None of the
offences alleged would stand attracted. Hence the entire proceedings based on the complaint and the complaint are hereby quashed.
Crl.M.C.No.2783/2020 & Crl.M.A.No.4/2020 4
additional respondents 4 and 5 sought to be impleaded in the application in Crl.M.A.No.4/2020 and hence the same will stand dismissed.
Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
DMR/-
JUDGE
Crl.M.C.No.2783/2020 & Crl.M.A.No.4/2020
5
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEXURE A1 | THE TRUE 29.02.202 |
COPY OF THE COMPLAINT DATED 0. |
|---|---|---|
| ANNEXURE A2 | THE TRUE ON 29.02. STATION. |
COPY OF THE FIR CRIME NO.63/2020 2020 OF THE MELATTUR POLICE |
| ANNEXURE A3 | THE TRUE UNDER SEC 2ND RESPO |
COPY OF THE NOTICE ON 26.05.2020 TION 41(A) OF CR.PC ISSUED BY THE NDENT. |
| ANNEXURE A4 | THE TRUE 06.03.199 DEPARTMEN |
COPY GOVERNMENT CIRCULAR DATED 5 ISSUED LOCAL ADMINISTRATION (C) T. |
| ANNEXURE A5 | THE TRUE OFFICER, RESPONDEN |
COPY OF THE REPORT OF VILLAGE VETTATHUR ISSUED TO THE 2ND T. |
| ANNEXURE A6 | THE TRUE 09.03.202 |
COPY OF THE APPLICATION DATED 0. |
| ANNEXURE A7 | THE TRUE RECEIVED |
COPY OF THE REPLY DATED 17.03.2020 FROM THE VILLAGE OFFICER. |
| ANNEXURE A8 | THE TRUE (C)NO.691 |
COPY OF THE JUDGMENT IN W.P. 4 OF 2020 DATED 18.03.2020. |
| ANNEXURE A9 | THE TRUE THE THASI THE APPLI |
COPY OF THE RECEIPT ISSUED FROM LDAR, PERINTHALMANNA ON RECEIPT OF CATION DATED 25.05.2020. |
| **RESPONDENTS' ** | ANNEXURE: NIL |
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether criminal proceedings instituted against the accused for offences under various statutes are quashable given the lack of actual land surrender and compliance with statutory mandates.
4 provisions across 4 enactments
U.MUHAMMED ALI
STATE OF KERALA
SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION
VETTATHOOR GRAMA PANCHAYAT
PSOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
