T.Sajeev Kumar vs State Of Kerala
2021 Latest Caselaw 14636 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                     CRL.MC NO. 8726 OF 2018
 AGAINST THE ORDER/JUDGMENT IN CC 106/2018 OF JUDICIAL MAGISTRATE
            OF FIRST CLASS -II,THAMARASSERY, KOZHIKODE
PETITIONER/ACCUSED NO.1:

          T.SAJEEV KUMAR, AGED 44 YEARS,
          S/O. T. SUNDARAN, RESIDING AT "DRISHYAM",
          IRINGAADANPALLI ROAD, NENMINI PARAMBA,
          POST CHEVAYOOR, KOZHIKODE.
          WRONGLY SHOWN IN THE CHARGE SHEET AS RESIDING AT
          THANNIKKAL HOUSE, P.O. PUTHIYARA, KOZHIKODE.

          BY ADVS.
          A.RANJITH NARAYANAN
          SMT.A.SIMI
          SRI.SREEJITH CHEROTE



RESPONDENT/STATE:

          STATE OF KERALA,
          REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM - 682031.
          REPRESENTING THE RANGE FOREST OFFICER,
          THAMARASSERY, KOZHIKODE - 673 001.

          BY ADV ADDL.DIRECTOR GENERAL OF PROSECUTION


          P.P.SRI.RAMESH CHAND




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 8726 OF 2018               2



                               O R D E R

The accused came up against the submission of

final report in O.R.No.07/2009 of Thamarassery Forest

Range, which was taken into file in C.C.No.106/2018

of JFMC-II, Thamarassery and the summons were issued

to the accused. Aggrieved by the final report, and

issuance of summons, the accused came up under

Section 482 Cr.P.C., mainly on the reason that the

investigation was conducted by an officer having no

required competency and also on the reason that the

offence under Section 27 (1)(e) of the Forest Act,

(Kerala) 1961 would not stand attracted. Inter alia

it is also contended that no written complaint was

submitted so as to enable the court to proceed as

against the accused on the alleged offences. The

legal position was very much settled that a final

report sometimes would act as a complaint. The

defences, if any, available to the party concerned

during the trial stage or at any proper stage of the

proceedings shall not be a ground to exhaust the

jurisdiction under Section 482 Cr.P.C.. Further this

court cannot usurp the power of the trial court and

cannot go into a roving enquiry with respect to the

disputed matters. Reserving the right of the

petitioner to take up all these questions at the

proper stage, the Crl.M.C. is hereby dismissed.

Sd/-

P.SOMARAJAN JUDGE msp

APPENDIX OF CRL.MC 8726/2018

PETITIONER ANNEXURE

ANNEXURE A1 CERTIFIED COPY OF THE PRELIMINARY SEIZURE REPORT.

ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 03/08/2018 IN CRL.M.C. NO. 4266/2018 PASSED BY THIS HON'BLE COURT.

ANNEXURE A3 CERTIFIED COPY OF THE CHARGE SHEET IN OR NO.

07/2009 LAID BY THE RANGE FOREST OFFICER, THAMARASSERY FILED BEFORE THE LEARNED JFMC- II, THAMARASSERY.