The Kerala High Court dismissed a criminal miscellaneous petition filed by a priest and parish member to quash an FIR and final report under Section 447 IPC regarding encroachment on defence property during a church festival, holding that religious events do not excuse trespass.
Crl.M.C. dismissed without prejudice to other remedies of the parties.
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
FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942
Crl.MC.No.6418 OF 2019(B)
AGAINST THE ORDER/JUDGMENT IN ST 310/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -IV,KOZHIKODE
CRIME NO.386/2018 OF Nadakkavu Police Station , Kozhikode
PETITIONERS/ACCUSED:
1 FR.NICHOLAS, AGED 36 YEARS VICAR, ST.SEBASTIAN'S CHURCH, KAPPENKOLLI, MEPPADI, KOZHIKODE- 673012.
2 SEBASTIAN P.H ALIAS RAJAN, AGED 69 YEARS S/O.LATE P.HAARY, RESIDING AT PUNIDATH PARAMBU, NEAR R.C.CHURCH, WEST HILL, KOZHIKODE- 673005.
BY ADVS. SRI.P.T.MOHANKUMAR SRI.SHYAM PADMAN SRI.C.M.ANDREWS SMT.BOBY M.SEKHAR SMT.IRENE PARAMEL SHRI.BALAMURALI K.P. SMT.CHRISTEENA P GEORGE
RESPONDENTS:STATE & DE-FACTO COMPLAINANAT
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682018.
R1-R2 BY ADV.SRI. RAMESH CHAND, PUBLIC PROSECUTOR. R3 BY ADV. SRI.P.VIJAYAKUMAR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
A priest and a parish member who are
accused No.1 and 2 came up to quash FIR and final report under Section 447 IPC. The
property is belonged to defence department, wherein in connection with festival in the
nearby church, the accused committed encroachment and installed shamiyana (a kind of temporary shed) and other structures over the said property. The order of injunction issued by the civil court against them also
violated. The submission that it was
constructed in connection with the church
festival during rainy season is not an excuse for the alleged act of encroachment and trespass.
Crl.M.C. is hence liable to be dismissed. I do so, but without prejudice to the right of
parties to exhaust their other remedies either by way of defence or otherwise at the various
Crl.MC.No.6418 OF 2019(B)
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stage of the proceedings.
The Crl.M.C. is dismissed.
Sd/-
P.SOMARAJAN
JUDGE
SPV
Crl.MC.No.6418 OF 2019(B)
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | TRUE COPY OF THE PLAINT DATED 14.11.2012 IN O.S.NO.511/2012 PENDING BEFORE THE MUNSIFF'S COURT-II A, KOZHIKODE. |
|---|---|
| ANNEXURE A2 | TRUE COPY OF THE ORDER IN C.M.A.NO.63/2012 DATED 10.12.2012 OF THE DISTRICT COURT, KOZHIKODE. |
| ANNEXURE A3 | TRUE COPY OF THE COMPLAINT FILED TO DISTRICT COLLECTOR KOZHIKODE DATED JUNE, 2018. |
| ANNEXURE A4 | CERTIFIED COPY OF THE FIR DATED 11.06.2018 REGISTERED AS CRIME NO.0386/2018 OF NADAKKAVU POLICE STATION. |
| ANNEXURE A5 | TRUE COPY OF THE STATEMENT OF THE SSO RECORDED AT THE NADAKKAVU POLICE STATION. |
| ANNEXURE A6 | TRUE COPY OF THE SUMMONS ISSUED TO THE 1ST PETITIONER. |
| ANNEXURE A7 | TRUE COPY OF THE SUMMONS ISSUED TO THE 2ND PETITIONER. |
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the act of encroachment and trespass committed on defence property during a church festival justifies quashing the FIR and final report.
1 provisions across 1 enactments
Francis Nicholas
Sebastian P.H. alias Rajan
State of Kerala
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
