The High Court dismissed Criminal Miscell. cases challenging FIRs alleging fabrication of forest land reports. The Court held that creating false reports to cause state loss is an offence and cannot be shielded by official duty.
Criminal Misc. cases Nos. 6483/2013 and 3668/2013 are dismissed allowing the proceedings to continue.
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
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
Crl.MC.No.6483 OF 2013
CRIME NO.86/2011 OF SHOLAYUR POLICE STATION, PALAKKAD
PETITIONER/ACCUSED:
1 A.K. YUSAF, S/o KAHADAR, AGED 48 YEARS, DIVISIONAL SURVEYOR, MANNARKAD,FOREST RANGE, RESIDING AT IYRATTIL HOUSE, NEAR HIMAYATHUR MUSLIM TRUST ORPHANAGE, KOTTAPPURAM JUNCTION, RANDAR P.O., MOOVATTUPUZHA.
2 BHASKARA PILLAI, AGED 66 YEARS, S/o GOVINDA PILLAI, RETIRED DIVISIONAL SURVEYOR, MANNARKAD, RESIDING AT SREENILAYAM HOUSE, JAWAHAR NAGAR, PUNJAKKOD, MANNARKAD
BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031
BY PUBLIC PROSECUTOR SMT. M.N. MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.12.2020 ALONG WITH Crl.MC.3668/2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.6483 & 3668 of 2013
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
Crl.MC.No.3668 OF 2013
CRIME NO.86/2011 OF SHOLAYUR POLICE STATION, PALAKKAD
PETITIONER/ACCUSED:
Mr.E.P. NORBERT DILIP, FOREST RANGE OFFICER, MARAYOOR FOREST RANGE, RESIDING AT ELAVUNGAL, PALLINADA, PALARIVATTOM, COCHIN.
BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 THE STATION HOUSE OFFICER, SHOLAYUR POLICE STATION, PALAKKAD DISTRICT-678 024.
BY PUBLIC PROSECUTOR SMT. M.N.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.12.2020, ALONG WITH Crl.MC.6483/2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.6483 & 3668 of 2013
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ORDER
The officials under the forest department and the Divisional Surveyors fabricated a report regarding forest land showing the same as private land with the intention to cause loss of property belonged to the State Government. Consequently, a crime was registered for the offence under Sections 409 and 420 r/w Section 34 IPC, against which accused Nos. 4 to 6 came up on the reason that what they have done is a part of discharge of official duty and as such no offence as alleged would stand attracted. Fabrication of a false report with the intent to defeat the interests of state government and forest department over a forest land, though done under the guise of an official function or in discharge of an official duty would attract the offence alleged. When there is fabrication of a false report, it cannot be brought under the purview of act done in discharge of an official duty, though the official status was used for creating such a document. Existence of a valid defence may not be a sufficient
Crl.M.C.Nos.6483 & 3668 of 2013 4 ground for exhausting the remedy under Section 482 Cr.P.C. Hence, without prejudice to the right of raising defence at various stage of the proceedings, including the right to file a discharge petition, Crl.M.Cs. are hereby dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.Nos.6483 & 3668 of 2013
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APPENDIX OF Crl.MC 6483/2013
PETITIONERS' ANNEXURES:
ANNEXURE-I TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.86/11 OF SHOLAYUR POLICE STATION.
ANNEXURE-2 TRUE COPY OF THE REPORT DATED 5.4.2013 FILED BY THE INVESTIGATION OFFICER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MANNARKKAD
ANNEXURE-3 TRUE COPY OF THE REPORT DATED 5.2.2008 SUBMITTED BY THE PETITIONER TO THE DFO, MANNARKKAD.
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
Crl.M.C.Nos.6483 & 3668 of 2013
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APPENDIX OF Crl.MC 3668/2013
PETITIONER'S ANNEXURES:
ANNEXURE-1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.86/2011 OF SHOLAYUR POLICE STATION.
ANNEXURE-2 TRUE COPY OF THE REPORT DATED 5.4.2013 FILED BY THE INVESTIGATION OFFICER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MANNARKAD. ANNEXURE-3 TRUE COPY OF THE REPORT DATED 5.2.2008 SUBMITTED BY THE PETITIONER TO THE DFO, MANNARKAD. RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
2 issues framed by the court
Whether fabrication of a false forest report amounts to official duty or an offence.
Whether the right to discharge a valid defence bars quashing proceedings under Section 482 Cr.P.C.
2 provisions across 2 enactments
A.K. Yusaf
Bhaskara Pillai
E.P. Norbert Dilip
State of Kerala
The Station House Officer, ShOLAYUR
P.Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
