Dijo Rajan vs State Of Kerala
2021 Latest Caselaw 10108 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                      Crl.MC.No.8784 OF 2019(G)

 AGAINST THE ORDER/JUDGMENT IN CC 886/2017 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS ,KUNNAMKULAM

   CRIME NO.3184/2016 OF Kunnamkulam Police Station , Thrissur


PETITIONER/ACCUSED:

             DIJO RAJAN
             AGED 34 YEARS
             S/O. CHUNKATH RAJAN,
             CHUNKATH HOUSE,
             VADAKKE ANGADI,
             KUNNAMKULAM - 680 503.

             BY ADVS.
             SRI.S.VINOD BHAT
             KUM.ANAGHA LAKSHMY RAMAN

RESPONDENTS/DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM.

      2      JOSEPH JOB
             AGED 63 YEARS
             S/O.IYYAVU,
             VADAKKETHALAKKAL,
             KUNNAMKULAM - 680 503.

             R1 BY ADV. RAMESH CHAND, PUBLIC PROSECUTOR
             R2 BY ADV. SMT.SIMLA PRABHAKARAN

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD          ON
25.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.8784 OF 2019(G)

                                 2




                            ORDER

The sole accused came up to quash the final

report alleging offence under Section 447, 341,

323, 506 IPC on the ground that what is alleged

is only a falsehood. The property in dispute is

in the possession of the sole accused, the

petitioner. Hence, there cannot be any criminal

trespass as alleged. It requires consideration by

evidence. Hence, the inherent power under

Section 482 Cr.P.C. cannot be applied. Hence,

the Crl.M.C. is dismissed.

Sd/-

P.SOMARAJAN JUDGE SPV Crl.MC.No.8784 OF 2019(G)

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR NO.3184 OF 2016 OF POLICE STATION, KUNNAMKULAM.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED IN C.C.886 OF 2017 ON THE FILE OF COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, KUNNAMKULAM.

ANNEXURE A3 COPY OF THE FINAL REPORT SUBMITTED IN C.C.2943/2016 ON THE FILE OF COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, KUNNAMKULAM.

ANNEXURE A4 COPY OF THE JUDGMENT DATED 30.5.2014 IN O.S.611/2011 OF MUNSIFF'S COURT, WADAKANCHERY.

ANNEXURE A5 COPY OF THE DECREE DATED 30.5.2014 IN O.S.611/2011 OF MUNSIFF'S COURT, WADAKANCHERY.

ANNEXURE A6 COPY OF THE ORDER DATED 14.3.2014 IN I.A.

611/2011 IN O.S.2678/2011 OF MUNSIFF'S COURT, WADAKANCHERY.

ANNEXURE A7 COPY OF THE JUDGMENT DATED 15.2.2016 IN CMA 84/2014 OF DISTRICT COURT, THRISSUR.

ANNEXURE A8 COPY OF PLAINT O.S.611/2011 OF MUNSIFF'S COURT, WADAKANCHERY

ANNEXURE A9 COPY OF BASIC TAX REGISTER IN FORM F ISSUED BY VILLAGE OFFICER, CHOVANNUR

RESPONDENT'S/S EXHIBITS:

ANNEXURE R2(A) TRUE COPY OF THE COMPLAINT DATED 23.01.2016 FILED BEFORE THE DY.S.P, KUNNAMKULAM BY THE 2ND RESPONDENT.

ANNEXURE R2(B) TRUE COPY OF THE RECEIPT NO.11059/2016 DATED 23.01.2016 ISSUED BY THE KUNNAMKULAM SDPO.

Crl.MC.No.8784 OF 2019(G)

ANNEXURE R2(C) TRUE COPY OF THE MEDICAL REPORT DATED 23.01.2016 ISSUED BY THE ENT SURGEON, TALUK HOSPITAL, KUNNAMKULAM.

ANNEXURE R2(D) TRUE COPY OF THE ORDER NO.B1-3754/12 DATED 14.02.2018 ISSUED BY THE TAHSILDAR, THALAPPILLY TALUK.

ANNEXURE R2(E) TRUE COPY OF THE TAX RECEIPT NO.1085390 DATED 27.02.2018 ISSUED BY THE VILLAGE OFFICER, CHOVANNUR VILLAGE.

ANNEXURE R2(F) TRUE COPY OF THE PAYMENT RECEIPT DATED 27.2.2018 ISSUED BY THE KERALA AGRICULTURAL EMPLOYEES WELFARE FUND.

ANNEXURE R2(G) TRUE COPY OF THE PETITION M.P.NO.5913/17 DATED 7.5.2018 FILED BEFORE THE JFCM, KUNNAMKULAM BY THE 2ND RESPONDENT.

//TRUE COPY//

PA TO JUDGE