O.U.Damodaran vs The State Of Kerala
2021 Latest Caselaw 6430 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       Crl.MC.No.2347 OF 2016(C)

    AGAINST THE ORDER/JUDGMENT IN CC 196/2014 OF CHIEF JUDICIAL
                    MAGISTRATE COURT,THODUPUZHA

       CRIME NO.1337/2012 OF KANJAR POLICE STATION , IDUKKI


PETITIONER/3RD ACCUSED:

                O.U.DAMODARAN
                S/O.KUMARAN, AGED 62, KARAMAYIL HOUSE, UTHUPARIYARAM
                KARA, MANAKADU VILLAGE, THODUPUZHA.

                BY ADV. SRI.K.R.SUNIL

RESPONDENT/COMPLAINANT:

      1         THE STATE OF KERALA
                REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

      2         THE POLICE INSPECTOR
                KANJAR POLICE STATION, KANJAR, REPRESENTED BY THE
                PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

ADDL.R 3        P.D.BIJU,
                AGED 44 YEARS, S/O. P.V. DEVASIA
                PADINJARAYIL (H), MUNDANKAL P.O, PAYAPPAR KARA,
                LALAM VILLAGE, MEENACHIL TALUK.

                (IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED
                04.11.2019 IN CRL.M.A.3/2019 IN CRL.M.C.2347/2016)

                R1 AND R2 BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR
                ADDL.R3 BY ADV. LIJI.J.VADAKEDOM

                THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
           23.02.2021, THE COURT ON THE SAME DAY PASSED THE
           FOLLOWING:
 Crl.MC.No.2347 OF 2016(C)

                              2



                            ORDER

Adv. Kum. Aiswarya Venugopal appeared on

behalf of the petitioner

2. Final report submitted for the offence

under Sections 120B, 420, 468, 471 r/w Section

34 IPC as against the accused No.3 is under

challenge on the ground that what is involved

is only a civil dispute and that the accused

No.3 has no role in the alleged commission of

offence. Admittedly, the property which is

the subject of the issue was originally owned

and possessed by accused Nos.1 and 2, which

was sold to the defacto complainant, wherein

the accused No.3 is the document writer, who

prepared the draft.

3. The crime was registered and the final

report was submitted on the allegation that

some other property not belonged to the

accused Nos. 1 and 2, also included in the Crl.MC.No.2347 OF 2016(C)

prior title deed as well as the sale deed

executed by them infavour of the defacto

complainant. The very nature of the

allegation would show that what is involved is

only a civil dispute. As such, the crime and

the final report as against the accused No.3,

the petitioner herein, is hereby quashed.

The Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE SPV Crl.MC.No.2347 OF 2016(C)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1337/2012 OF THE KANJAR POLICE STATION NOW PENDING AS C.C.NO.196 OF 2014 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA

RESPONDENTS' EXHIBITS:

ANNEXURE -R3(A) THE CERTIFIED COPY OF THE COMPLAINT DATED 10.11.2012 SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, IDUKKI.

ANNEXURE -R3(B) THE CERTIFIED COPY OF THE FIR NO.1337/2012 OF KANJAR POLICE STATION.

ANNEXURE -R3(C) THE CERTIFIED COPY OF THE SALE AGREEMENT PREPARED BY THE 3RD ACCUSED/ 1ST RESPONDENT HEREIN.

//TRUE COPY//

PA TO JUDGE