Jeto P.F. vs The State Of Kerala
2021 Latest Caselaw 5373 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                    Crl.MC.No.6635 OF 2017(H)

AGAINST THE ORDER/JUDGMENT IN CC 1261/2015 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS, IRINJALAKUDA

     CRIME NO.2079/2014 OF PUDUKKAD POLICE STATION, THRISSUR

PETITIONERS/ACCUSED NOS.1 TO 3:
       1     JETO P.F., AGED 47, S/O.POOKODAN FRANCIS,
             ALAGAPANAGAR DESOM, AMBALLUR VILLAGE,
             THRISSUR DISTRICT.

      2      FRANCIS P.F.
             AGED 47, S/O.POOKODAN FRANCIS, ALAGAPANAGAR
             DESOM,AMBALLUR VILLAGE, THRISSUR DISTRICT.

      3      JOBI P.F.
             AGED 42, S/O.POOKODAN FRANCIS, ALAGAPANAGAR
             DESOM,AMBALLUR VILLAGE, THRISSUR DISTRICT.

             BY ADV. SRI.G.SREEKUMAR (CHELUR)

RESPONDENTS/STATE OF KERALA AND COMPLAINANT:
       1     THE STATE OF KERALA,
             REP. BY THE SUB INSPECTOR OF POLICE, PUDUKKAD POLICE
             STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA,ERNAKULAM-682031.

      2      THE HINDUSTHAN PETROLEUM   CORPORATION LIMITED
             17, JAMSHEDJI TATA ROAD,   MUMBAI-400020, REP. BY
             SENIOR REGIONAL MANAGER,   KOZHIKODE RETAIL REGION,
             KOZHIKODE TALUK, ELATHUR   P.O., KOZHIKODE-673303.

             R1-2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
             R1 BY ADV. SRI.P.GOPINATH
             R1 BY ADV. SRI.K.JOHN MATHAI
             R1 BY ADV. SRI.JOSON MANAVALAN
             R1 BY ADV. SRI.KURYAN THOMAS
             R1 BY ADV. SRI.PAULOSE C. ABRAHAM

             PUBLIC PROSECUTOR SRI.E.C.BINEESH

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6635 OF 2017(H)             2




                                ORDER

The alleged act of criminal trespass and

damage to the dispensing unit of a petrol pump run

by the defacto complainant by the landlord taken

as a ground to extend criminal liability under

Section 447 and 427 IPC by submitting a final

report, which is under challenge.

A suit for injunction instituted by the

defacto complainant is also pending consideration,

wherein a counter claim was raised by the landlord

for recovery of possession and eviction. It is

submitted that the Commissioner who visited the

property had not reported any damage alleged to

have been caused to the dispensing unit. In so

far as allegation of trespass is concerned, being

a landlord, he has got every right to inspect the

property. Hence, it will not attract offence

under Section 447 IPC. But this matter requires

consideration by the Trial Court. Petitioners are

at liberty to move for a discharge petition before

the Trial Court. Without prejudice to the said

right, Crl.M.C. is dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE I A TRUE COPY OF THE FIR IN CRIME NO.2079 OF 2014 DATED 3-12-2014 OF THE PUDUKAD POLICE STATION.

ANNEXURE II A TRUE COPY OF THE PLAINT IN OS NO.188 OF 2014 DATED 29-11-2014 BEFORE THE LEARNED MAGISTRATE, IRINJALAKUDA.

ANNEXURE III A TRUE COPY OF THE WRITTEN STATEMENT WITH COUNTER CLAIN IN ANNEXURE 1 SUIT BY THE PETITIONERS HEREIN DATED 19-3-2015.

ANNEXURE IV A TRUE COPY OF THE FURTHER WRITTEN STATEMENT FILED BY THE DEFENDANTS IN OS NO.188 OF 2014 DATED 4-7-2016.

ANNEXURE V A TRUE COPY OF THE REPORT AND PLAN IN OS NO.188 OF 2014 SUBMITTED BY THE ADVOCATE COMMISSIONER DATED 25-6-2015.

ANNEXURE VI A TRUE COPY OF THE COMPLAINT ON BEHALF OF THE SECOND RESPONDENT DATED 15-11-2014.

ANNEXURE VII A TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE BEARING NO.103 OF 2015 DATED 31-1-2015.

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE