Dismissed

Devassia George v. State of Kerala

Kerala HC11 Nov 2020Crl.MC/4490/2013

Case brief

AI extract

What is this about?

A criminal miscellaneous petition to quash an FIR alleged to disclose an offence of trespass on Government land was dismissed. The court held that as adjudication on assignment proceedings was required, the High Court could not use Section 482 Cr.P.C. to exhaust remedies. The prayer was dismissed.

What did the court decide?

Sought quashing of FIR registered on allegation of offence punishable under Section 447 IPC is dismissed.

Devassia George Vs State of Kerala — Land Acquisition | Kerala HC (2020)

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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 P.SOMARAJAN

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WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942

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Crl.MC.No.4490 OF 2013

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CRIME NO.119/2012 OF CUMBUMMETTU POLICE STATION , IDUKKI

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PETITIONERS/ACCUSED NOS.1 AND 2:

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1 DEVASSIA GEORGE, AGED 65 YEARS, S/O.GEORGE, ETTIL HOUSE, PERUMALA P.O., KANTHALLOOR, IDUKKI DISTRICT.

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2 RENI, AGED 34 YEARS, S/O.DEVASSIA GEORGE, ETTIL HOUSE, PERUMALA P.O., KANTHALLOOR, IDUKKI DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

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2 SUB INSPECTOR OF POLICE MARAYUR POLICE STATION, IDUKKI DISTRICT-685 620

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3 VILLAGE OFFICER KANTHALLOOR VILLAGE, IDUKKI DISTRICT-685 620

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PUBLIC PROSECUTOR SMT.M.N.MAYA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4490 OF 2013 2

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ORDER

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The prayer is to quash the FIR registered on the allegation of offence punishable under Section 447 of IPC r/w 7(a) of the Kerala Land Conservancy Amended Act, 2009. It is submitted that earlier an assignment proceedings were initiated, but no amount was remitted, as such it was not completed. What is involved is the question of trespass committed over the Government land and registration of the crime. Whatever may be the defence available to the party in the proceedings, when it requires adjudication by the Trial Court, the same cannot be used as a ground to exhaust the remedy under Section 482 Cr.P.C.

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Hence, Crl.M.C. fails, dismissed.

Sd/-

P.SOMARAJAN

JUDGE

MSP

Crl.MC.No.4490 OF 2013 3

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	TTRUE COPY OF THE FIR IN CRIME NO.119/2012 OF MARAYUR POLICE STATION
ANNEXURE A2	TRUE COPY OF THE ORDER OF ASSIGNMENT OF REGISTRY DATED 13.05.1979
ANNEXURE A3	TRUE COPY OF THE POSSESSION CERTIFICATE OF THE 3RD RESPONDENT DATED 22.06.2020
ANNEXURE A4	TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.16537/2012 DATED 15.11.2012
ANNEXURE A5	TRUE COPY OF THE HEARING NOTICE OF THE SECRETARY TO GOVERNMENT DATED 29.08.2013

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RESPONDENT EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Devassia George v. State of Kerala

Case brief

What is this about?

What did the court decide?

Devassia George v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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