IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
CRL.MC NO. 4874 OF 2019
AGAINST CMP 4806/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,CHITTUR
PETITIONER/S:
FR. ALBERT ANANTHRAJ
AGED 50 YEARS
S/O ANTHONY,SORAPPARA,KOZHIPPARA.P.O,
KOZHINJAPARA,VADAKARAPATHY, PALAKKAD,PARISH PRIEST OF
THE CHRIST THE KING CHURCH,KOZHIPARA.P.O,
VADAKARAPATHY,PALAKKAD DISTRICT.
BY ADVS.
SINDHU SANTHALINGAM
SRI.S.SHARAN
RESPONDENT/S:
1 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
COCHIN-31.
2 SUB INSPECTOR OF POLICE,
KOZHINJAMPARA POLICE STATION,
PALAKKAD-678557.
3 A.JOHN PETER,
AGED 46 YEARS
S/O ANTHONY SWAMY,RESIDING AT NALLUR MALAYAPPAN
HOUSE,VADAKARAPPATHY VILLAGE,
CHITTUR TALUK-678557,PALAKKAD DISTRICT.
4 NARAYANANKUTTY,
S/O CHAMY,SECRETARY OF VADAKARAPATHY GRAMA
PANCHAYATH,RESIDING AT NEAR PANCHAYATH LIBRARY
VITHANASSERY,
VALLENGI NENMMARA.P.O,PALAKKAD DISTRICT-678557.
BY ADVS.
VISHNU BHUVANENDRAN
SMT.JESSY S.SALIM
B.ANUSREE(K/000951/2016)
RESHMA UNNIKRISHNAN(K/533/2016)
SREELAKSHMI B.(K/1894/2021)
Adv Nima Jacob- GP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No. 4874 of 2019 -2-
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner is the 1st accused in Crime No. 229 of 2019 of Kozhinjampara Police Station which was registered for the offences punishable under Sections 463, 465, 466, 471, 474 and 198 read with 34 of the Indian Penal Code.
2. Annexure II is the FIR and the same was registered on the basis of Annexure I private complaint submitted by the 3 rd respondent. The allegation against the petitioner is that the petitioner, with the assistance of the 2nd accused, had constructed an auditorium in a property belonging to the Church and obtained electricity connection by producing a fake ownership certificate in respect of the building, claimed to have been issued by the Panchayat.
3. This Crl. M. C. is filed for quashing all proceedings pursuant to Annexures I and II. The contention of the petitioner is that Annexure I complaint was submitted with false allegation and the same do not constitute the offences alleged against the petitioner.
4. The case is even now under investigation. The prayer sought for by the petitioner is to quash Annexure II FIR. It is a well settled Crl. M.C. No. 4874 of 2019 -3- position of law that the power of this Court under Section 482 Cr.P.C. can be invoked for quashing FIR only in rarest of rare cases. If the offences are not attracted even if the basic allegations in the FIR are taken for its face value, then only the powers under Section 482 Cr. P. C. can be invoked.
5. When the aforesaid principle is applied in the facts of this case, I do not think that this is a fit case where this Crl. M. C. can be entertained. This is particularly because the question whether the ownership certificate, which is the subject matter of the dispute, was fake or not, is a matter to be verified in an investigation. No examination of the same can be conducted at this stage by this Court. In such circumstances, I do not find any reason to entertain this Crl. M. C.
Accordingly this Crl. M. C. is closed without prejudice to the rights, contentions and remedies of the petitioner. It is also made clear that it shall be open for the petitioner to invoke the jurisdiction under Section 482 Cr.P.C. in case any final report is filed against it.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE Eb /TRUE COPY/ P. A. TO JUDGE Crl. M.C. No. 4874 of 2019 -4- APPENDIX OF CRL.MC 4874/2019 PETITIONER ANNEXURES ANNEXURE I A TRUE COPY OF THE COMPLAINT NO.4806/2019DTD.27/6/2019 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT,CHITTUR. ANNEXURE II A TRUE COPY OF THE FIR NO.0229/2019 DTD.27/6/2019 REGISTERED BY THE KOZHINJAMPARA POLICE STATION.
ANNEXURE III A TRUE COPY OF THE DEED NO.1236/ME 10104 OF SRO,CHITTUR.
ANNEXURE IV A TRUE COPY OF THE DEED NO.109/ME 1106 OF SRO,CHITTUR.
ANNEXURE V A TRUE COPY OF THE POSSESION CERTIFICATE DTD.15/7/2017 ISSUED BY THE VADAKARAPATHY VILLAGE ANNEXURE VI A TRUE COPY OF THE TAX RECEIPT NO.7783908 DTD.15/4/2017 OF THE VILLAGE OFFICE,VADAKARAPATHY VILLAGE.
ANNEXURE VI(A) A TRUE COPY OF THE TAX RECEIPT NO.0717249 DTD.6/12/2018 OF THE VILLAGE OFFICE,VADAKARAPATHY VILLAGE.
ANNEXURE VI(B) A TRUE COPY OF THE TAX RECEIPT NO.2/5/2019 OF THE VILLAGE OFFICE,VADAKARAPATHY.
ANNEXURE VII A TRUE COPY OF THE ROUGH SKETH PRODUCED BY THE ADVOCATE COMMISSIONER IN I.A.NO.1828/2018 IN O.S.NO.419/2018 OF THE MUNSIFF COURT,CHITTUR TOGETHER WITH COMMISSION REPORT.