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Shibu Varghese, Vs State of Kerala — Environment and Pollution | Kerala HC (2022)

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Kerala HC
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Shibu Varghese, Vs State of KeralaShibu Varghese, v. State of Kerala

Shibu Varghese, v. State of Kerala

Kerala HC9 Feb 2022Crl.MC/218/2022

Case brief

from the order text

What is this about?

COURT OF KERALA AT ERNAKULAM PRESENT THE…

What the court decided

AI extract

Issue for consideration

Whether erosion in a road section in Forest area by accused as they drive the normal price or carry load vehicles with due care and attention.

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 10^TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944

WP(CRL.) NO. 218 OF 2022

AGAINST THE ORDER/JUDGMENT IN CC 2284/2020 OF JUDICIAL

MAGISTRATE OF FIRST CLASS II, PAYYANNUR

PETITIONER/S:

1 MUHAMMED MUJEEB.P AGED 23 YEARS S/O SHIHAB O.K "POTHADI HOUSE" ETTIKKULAM P.O PAYYANUR THALUK KANNUR DT PIN 670303, PIN - 670303

2 BEKSI BENOY AGED 21 YAERS D/O BENOY M.K GIDC OLD COLONY VALIYA ROAD ANKALESWAR BAROOCH DT PIN: GUJARATH PIN 393002, PIN - 393002

BY ADV PINTO FREDERIC

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether erosion in a road section in Forest area by accused as they drive the normal price or carry load vehicles with due care and attention.

Cases cited

Colour shows how this judgement treated each authority

AI extract

Jasmon v. Divisional Forest OfficerReferred¶32
Jasmon v. Divisional Forest Officer 2022 (3) KLT 60

Statutes considered

1 provisions across 1 enactments

Parties & counsel

AI extract

petitioner
MUHAMMED MUJEEB.P
petitioner
BEKSI BENOY
respondent
SECRETARY DEPARTMENT OF FOREST AND WILD LIFE GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM
respondent
DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE THANA KANNUR DISTRICT

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 9 Feb 2022 · February
Registered: 10 Jan 2022
Case no.: Crl.MC/218/2022

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Cite this judgement

Shibu Varghese, v. State of Kerala, Crl.MC/218/2022 (KL), decided on 9 February 2022.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Jasmon v. Divisional Forest OfficerReferred¶32

Open Authorities

Statutes1

A compact analysis

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.

RESPONDENT/S:

1 SECRETARY DEPARTMENT OF FOREST AND WILD LIFE GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001

2 DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE THANA KANNUR DISTRICT POST THANA PIN, PIN - 670012

BY ADVS.

2

W.P.(Crl) No.218 of 2022

ADVOCATE GENERAL OFFICE KERALA SHRI.T.P.SAJAN, SPL. G.P. (FOREST)()

PP. NIMA JACOB

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

3

W.P.(Crl) No.218 of 2022

JUDGMENT

The petitioners are the accused Nos.1 and 4 in O.R No.12/2019 of Thalipparamba Forest Range Office, Kannur. The offences alleged against the petitioners are under Sections 2(1), 2(16), 2(36), 9, 39, 50 read with 51 of the Wild Life Protection Act.

2 . The prayer sought for in this writ petition is that, they had submitted Ext.P2 representation before the second respondent for compounding the offences. The learned counsel for the petitioners also seek for an opportunity for the petitioners to compound the same, through his counsel without appearing in person.

3 . Heard both sides.

4 . A statement was submitted by the learned Government

Pleader, wherein it is pointed out that, eventhough the offences are compoundable, the composition can be permitted only after legal scrutiny of the documents.

5 . Considering the facts and circumstances of the case, I am of the view that the writ petition can be disposed of directing the 2 nd

4

W.P.(Crl) No.218 of 2022

respondent to consider and pass appropriate orders on Ext.P2 representation in accordance with law as expeditiously as possible within a period of three months from the date of production of copy of this judgment. With regard to the personal appearance of the petitioner, it is ordered that the 2 nd respondent shall take into account the principles laid down by this Court in Jasmon v. Divisional Forest Officer 2022 (3) KLT 60 and consider the said request.

Accordigly, this writ petition is disposed of.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk

5

W.P.(Crl) No.218 of 2022

APPENDIX OF WP(CRL.) 218/2022

PETITIONER EXHIBITS

Exhibit1 EXT.P1 TRUE COPY OF CHARGE SHEET IN C.C.2284/2020 FILED BEFORE THE HON'BLE JFCM COURT AT PAYYANUR. Exhibit2 EXT.P2 TRUE COPY OF APPLICATION DATED 8/02/2022 SUBMITTED BY THE COUNSEL FOR THE PETITIONERS TO THE 2ND RESPONDENT Exhibit3 EXT.P3 TRUE COPY OF REMINDER APPLICATION DATED 11/02/2022 SUBMITTED BY THE COUNSEL FOR THE PETITIONERS TO THE 2ND RESPONDENT RESPONDENT ANNEXURES Annexure R2(b) True copy of the statement of Beksi benoy dated 23/08/2019 Annexure R2(a) True copy of the statement of Muhammed Mujeeb P dated 23/08/2019

AI extract

Wild Life Protection Act2(1), 2(16), 2(36), 9, 39, 50, 5

Coram

AI extract

ZIYAD RAHMAN A.A.

CNR

KLHC010021412022

Topic

Environment and Pollution

Bench

Disposal

ALLOWED

Lijeesh Vs State of Kerala

9 Feb 2022

Naveen Vs State of Kerala

9 Feb 2022

Wild Life Protection Act2(1), 2(16), 2(36), 9, 39, 50, 5

View all statutes

Bench / Coram

ZIYAD RAHMAN A.A.

Parties & counsel