Sunil Kumar vs State Of Kerala Rep. By Public ...
2021 Latest Caselaw 9869 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                     Crl.MC.No.7785 OF 2018(C)

AGAINST THE ORDER/JUDGMENT IN CC 2477/2014 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS, WADAKKANCHERRY

PETITIONER/4th ACCUSED:
              SUNIL KUMAR, AGED 50 YEARS, S/O SETHUMADHAVAN,
              VILLAGE OFFICER, THEKKANKARA VILLAGE, THEKKANKARA,
              RESIDING AT PALAPANTHAL HOUSE, PUTHUPARIYARAM.P.O,
              PALAKKAD DISTRICT.

             BY ADV. SRI.RAJIT

RESPONDENT/STATE/DEFACTO COMPLAINANT AND ACCUSED 1 TO 3,5 AND 6:

      1      STATE OF KERALA REP. BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM -682 031.

      2      K.J.SURESHMUMAR, AGED 50 YEARS, S/O.K.K.JAGATHEESHAN,
             KARANATH HOUSE, MINALOOR VILLAGE, ATHANI DESOM,
             THALAPPILLI TALUK-680 771.

      3      K.K.SIDHARTHAN, AGED 64 YEARS, S/O.KARANATH
             KRISHNANKUTTY, CHEMBUKAV VILLAGE, DESOM,
             THRISSUR TALUK-680 020.

      4      N.MURALEEDHARAN, FORMER CIRCLE INSPECTOR OF POLICE,
             WADAKKANCHERY, POLICE ACADEMY, RV PURAM,
             THRISSUR-680 582.

      5      CHANDRAN ASI,
             WADAKKANCHERY POLICE CIRCLE, INSPECTOR OFFICE,
             WADAKKANCHERY-680 582.

      6      P.P.SWAPNA, W/O.RAJEEV, AGED 39, ADIOLI HOUSE,
             PALASSERY VILLAGE, DESOM, THRISSUR TALUK-680 027.

      7      V.V.MANIKANDAN, AGED 35 YEARS, S/O.VATHUKATT
             VELAUDHAN, VENGIDANG VILLAGE, IRUMBRANELOOR DESOM,
             CHAVAKKAD TALUK-680 510.

             R2 BY ADV. SRI.P.K.VARGHESE
             PUBLIC PROSECUTOR SRI.E.C.BINEESH

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.7785 OF 2018(C)             2




                                  ORDER

An act in discharge of official functions of a

village officer in furtherance of the direction

issued by an Execution Court based on a counter

claim decree which was put in execution, taken as a

ground to maintain a private complaint alleging

offence under Sections 341, 448, 427, 294(b), 420,

120 B, 468, 506(1) r/w Section 149 IPC against the

village officer (accused No.4) and others, over

which, the learned Magistrate took cognizance. All

settled principle were overlooked by the learned

Magistrate and took cognizance without going into

the direction issued by the Execution Court and the

act done in discharge of his official function. If

there is any violation in performing the direction

issued by the Execution Court, unless the same

would constitute a separate offence by its nature

triable under any of the provisions of the penal

law, the same cannot be a ground to initiate

criminal proceedings. Hence, the cognizance taken

and the complaint against accused No.4 village

officer is quashed.

Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A: TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 2RD RESPONDENT BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERY.

ANNEXURE B: TRUE COPY OF THE JUDGMENT DATED 27.07.2000 IN OS NO.85/97 OF MUNSIFF COURT, WADAKKANCHERY.

ANNEXURE C: TRUE COPY OF THE ORDER DATED 13.08.20089 IN E.P.NO.340/2016.

ANNEXURE D: TRUE COPY OF THE ORDER DATED 03.01.2009 IN E.P.NO.340/2016.

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE