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:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 SUB INSPECTOR OF POLICE
THRIKKAKARA POLICE STATION, ERNAKULAM DISTRICT.
3 SOBHA VASUDEV SOBHA MENON
D/O.VASUDEVAN NAIR, AGED 47 YEARS, ASHA BHAVAN,
VADACODE DESOM, THRIKKAKARA NORTH VILLAGE,
KANAYANNOOR TALUK.
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 CHARGE IN CC NO.188/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD.
ANNEXURE B THE TRUE COPY OF THE REGISTERED SALE DEED BEARING NO.7140/2004 OF EDAPPALLY SRO. ANNEXURE C THE TRUE COPY OF THE REGISTERED SALE DEED BEARING NO.4898/2004 OF EDAPPALLY SRO. ANNEXURE D THE TRUE COPY OF THE PARTITION DEED BEARING NO.4184/2008.
ANNEXURE E THE TRUE COPY OF THE PLAINT IN OS.NO.156/2013 OF MUNSIFF COURT, ERNAKULAM. ANNEXURE F THE TRUE COPY OF THE WRITTEN STATEMENT.
//TRUE COPY// P.A. TO JUDGE