Kerala High Court
Varghese @ Johny vs State Of Kerala on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Friday, the 19th day of November 2021 / 28th Karthika, 1943
CRL.M.APPL.NO.1/2021 IN CRL.MC NO. 5661 OF 2021
CC 236/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KOLENCHERRY, ERNAKULAM
PETITIONERS/PETITIONERS:
1. VARGHESE @ JOHNY AGED 58 YEARS S/O. PAULOSE, MANICHERIL HOUSE,
VADAYAMPADI, CHOONDI, PUTHENCRUZ, ERNAKULAM DISTRICT-682 308
2. AJO VARGHESE AGED 28 YEARS S/O VARGHESE, MANICHERIL HOUSE,
VADAYAMPADI, CHOONDI, PUTHENCRUZ, ERNAKULAM DISTRICT-682 308
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA-682 031
2. KUNJUMOL, AGED 60 YEARS D/O. LUKOSE, KOKKARAVALEL HOUSE, VADAYAMPADY
KARA, AIKKARANADU SOUTH VILLAGE, CHOODY, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT-682 308
3. SHINIL LUKOSE, AGED 30 YEARS S/O. LUKOSE, KOKKARAVALEL HOUSE,
VADAYAMPADY KARA, AIKKARANADU SOUTH VILLAGE, CHOODY, KUNNATHUNADU
TALUK, ERNAKULAM DISTRICT-682 308
Application praying that in the circumstances stated therein
the High Court be pleased to stay all further proceedings in
CC.No.236/2021 on the file of Judicial First Class Magistrate
Court, Kolenchery,until further orders, in the interest of
justice.
This Application coming on for orders upon perusing the
application and upon hearing the arguments of M/S.PAUL
K.VARGHESE, A.A.GEETHA, Advocates for the petitioners, and of
PUBLIC PROSECUTOR for the 1st respondent, the court passed the
following:
p.t.o.
Annexure VIII: A TRUE COPY OF THE STOP MEMO ISSUED BY THE REVENUE
DIVISIONAL OFFICER, MUVATTUPUZHA DATED 21.7.2020
Annexure X : A TRUE COPY OF THE JUDGMENT IN WPC NO.4895/2020 OF
THIS HON'BLE COURT DATED 5.8.2020 WITH CONNECTED CASES.
M.R.ANITHA, J.
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Crl.M.C.No.5661 of 2021
&
Crl.M.A.No.1 of 2021
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Dated this the 19th day of November, 2021
ORDER
Admit.
2. Learned Public Prosecutor takes notice for the
1st respondent.
3. Issue notice to respondents 2 & 3.
Crl.M.A.No.1 of 2021:
According to the learned counsel for the petitioners,
petitioners and other local people have already filed complaint
before the authorities against the reclamation of paddy land
violating the provisions of Kerala Conservation of Paddy Land
and Wetland Act, 2008 by the defacto complainant and in
pursuance of the same a stop memo was issued to the defacto
complainant. Petitioners and others had also approached this
Court against the unauthorised reclamation of land. Annexure
10 is the Judgment of this Court in connection with same. Stop
memo issued by the panchayath also has been produced as
Annexure VIII. So according to the petitioners, out of that ill-
will the crime has been falsely fosited against the petitioners
under Sections 323, 341, 294(b), 324, 354A(1)(iv),506, 34 IPC.
Crl.M.C.No.5661 of 2021
&
Crl.M.A.No.1 of 2021
In the FIS also there is narration of the issue of stop memo by
the Panchayath and the objection raised in connection with
construction of house.
3. Hence, there will be an interim stay of all further
proceedings in C.C.No.236/2021 on the file of the Judicial First
Class Magistrate Court, Kolenchery, till the next posting date.
Post after a month.
Sd/-
M.R.ANITHA
Shg/- JUDGE
19-11-2021 /True Copy/ Assistant Registrar
