This High Court order quashes an FIR and final report concerning criminal trespass and mischief alleged during a pendency of a civil injunction suit involving a property dispute, characterizing the matter as civil in nature.
Quashing of the final report and further proceedings under the FIR.
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 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
Crl.MC.No.3599 OF 2018(H)
*CC 117/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, VARKALA
(C.C.No.117/2016 IS CORRECTED AND SUBSTITUTED AS C.C.No.167/2016 WHEREEVER IT OCCURS AS PER ORDER DATED 26.6.18 IN Crl.M.A.6454/18 IN Crl.M.C.3599/18)
CRIME NO.369/2015 OF KADAKKAVUR POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/2nd ACCUSED:
TELMA NETTO, AGED 73 YEARS, W/o ETHLY, THETTIMOOLA HOUSE, KADAKKAVUR VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.SRI.R.MOHANA BABU SRI.M.AJITH (KARICODE)
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 DENZIL DESUZA, AGED 67 YEARS, S/o SISIL DESUZA, MILLI LODGE, NEAR BISHOP PALACE, THANGASSERY, KOLLAM WEST VILLAGE, KOLLAM DISTRICT - 691 001.
R2 BY ADV. SRI.SAJU J PANICKER R1 BY PUBLIC PROSECUTOR SRI. E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3599 of 2018
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ORDER
The accused No.2, a lady aged 76 years, came up to quash the FIR and final report for the offence under Sections 188, 447 and 427 r/w Section 34 IPC. It is pertaining to a property dispute between the defacto complainant, her brother, for which a civil suit was instituted which was decreed in her favour. The dispute involved is of civil nature. The alleged attempt to criminally trespass into the property and to commit mischief during the pendency of an interlocutory order of injunction issued by the civil court has to be dealt under Order XXXIX Rule 2-A CPC. Hence, the final report and its further proceedings are hereby quashed.
Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.3599 of 2018
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APPENDIX
PETITIONER'S ANNEXURES:
*ANNEXURE A CERTIFIED COPY OF FIR IN CRIME NO.369/2015 OF KADAKKAVUR POLICE STATION. ANNEXURE B CERTIFIED COPY OF THE CHARGES SHEET IN CC 117/2016 – CORRECTED AS C.C.No.167/2016 OF JUDICIAL FIRST CLASS MAGSITRATE-I, VARKALA. ANNEXURE C TRUE COPY OF THE DECREE IN O.S.358/2001 OF MUNSIFF COURT, VARKALA. ANNEXURE D TRUE COPY OF THE ORDER IN I.A.255/08 IN O.S.315/01 DATED 08/02/2016 OF THE MUNSIFF COURT, VARKALA. RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether an FIR regarding criminal trespass and mischief during the pendency of a civil injunction suit is maintainable given the civil dispute origin.
2 provisions across 2 enactments
Telma Netto
State of Kerala
Denzil Desuza
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
