This court quashed criminal proceedings filed for Sections 447 and 427 IPC brought against the petitioner for removing a temporary gate. The judgment held that such removal did not involve destruction and that civil disputes violating injunctions should be addressed under CPC.
Wrote: The criminal charge is quashed and the case is allowed accordingly.
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.
Crl.MC.No.7200 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
Crl.MC.No.7200 OF 2017
AGAINST THE ORDER/JUDGMENT IN CC 188/2016 OF JMFC, KAKKANAD (TEMPORARY)
CRIME NO.1514/2015 OF THRIKKAKARA POLICE STATION, ERNAKULAM
PETITIONER:
K.M. PRINCE,
AGED 62 YEARS, S/O.MATHEW, KILITHATTIL HOUSE, VADACODE P.O., THENGODU KARA.
BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA
RESPONDENTS:
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1, R3 BY ADV. SRI.M.REVIKRISHNAN PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.7200 OF 2017 2
ORDER
A temporary gate installed obstructing the way claimed by the accused was removed by him without causing any destruction to the property. It is alleged that it was removed violating the interim order of injunction granted by a civil court. A removal of obstructing structure over a way claimed by the accused may not always constitute a criminal offence, unless the same is coupled with any kind of destruction. Violation of the interim order of injunction, if any should be addressed under Order 39 Rule 2 A C.P.C. Hence the crime registered on the allegation of Section 447 and 427 IPC based on a civil dispute cannot be sustained. Hence the same is quashed. Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.7200 OF 2017 3
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A | THE TRUE COPY OF THE NO.188/2016 OF JUDIC MAGISTRATE COURT, KA |
CHARGE IN CC IAL FIRST CLASS KKANAD. |
|---|---|---|
| ANNEXURE B | THE TRUE COPY OF THE BEARING NO.7140/2004 |
REGISTERED SALE DEED OF EDAPPALLY SRO. |
| ANNEXURE C | THE TRUE COPY OF THE BEARING NO.4898/2004 |
REGISTERED SALE DEED OF EDAPPALLY SRO. |
| ANNEXURE D | THE TRUE COPY OF THE NO.4184/2008. |
PARTITION DEED BEARING |
| ANNEXURE E | THE TRUE COPY OF THE OS.NO.156/2013 OF MU |
PLAINT IN NSIFF COURT, ERNAKULAM. |
| ANNEXURE F | THE TRUE COPY OF THE | WRITTEN STATEMENT. |
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether removal of an obstructing temporary gate without destruction constitutes a criminal offence under IPC.
Whether a civil dispute regarding a way should be excused from criminal prosecution under IPC Sections 447 and 427.
3 provisions across 2 enactments
K.M. PRINCE
STATE OF KERALA
SUB INSPECTOR OF POLICE THRIKKAKARA POLICE STATION, ERNAKULAM DISTRICT
SOBHA VASUDEV SOBHA MENON
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
