Fr. Albert Ananthraj vs State Of Kerala
2022 Latest Caselaw 6056 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                    CRL.MC NO. 4874 OF 2019
  AGAINST CMP 4806/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS
                           ,CHITTUR
PETITIONER/S:
          FR. ALBERT ANANTHRAJ
          AGED 50 YEARS
          S/O ANTHONY,SORAPPARA,KOZHIPPARA.P.O,
          KOZHINJAPARA,VADAKARAPATHY, PALAKKAD,PARISH PRIEST OF
          THE CHRIST THE KING CHURCH,KOZHIPARA.P.O,
          VADAKARAPATHY,PALAKKAD DISTRICT.
          BY ADVS.
          SINDHU SANTHALINGAM
          SRI.S.SHARAN
RESPONDENT/S:
     1    STATE OF KERALA
          REP.BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,ERNAKULAM,
          COCHIN-31.
     2    SUB INSPECTOR OF POLICE,
          KOZHINJAMPARA POLICE STATION,
          PALAKKAD-678557.
     3    A.JOHN PETER,
          AGED 46 YEARS
          S/O ANTHONY SWAMY,RESIDING AT NALLUR MALAYAPPAN
          HOUSE,VADAKARAPPATHY VILLAGE,
          CHITTUR TALUK-678557,PALAKKAD DISTRICT.
     4    NARAYANANKUTTY,
          S/O CHAMY,SECRETARY OF VADAKARAPATHY GRAMA
          PANCHAYATH,RESIDING AT NEAR PANCHAYATH LIBRARY
          VITHANASSERY,
          VALLENGI NENMMARA.P.O,PALAKKAD DISTRICT-678557.
          BY ADVS.
          VISHNU BHUVANENDRAN
          SMT.JESSY S.SALIM
          B.ANUSREE(K/000951/2016)
          RESHMA UNNIKRISHNAN(K/533/2016)
          SREELAKSHMI B.(K/1894/2021)
          Adv Nima Jacob- GP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No. 4874 of 2019        -2-


                          JUDGMENT

Dated this the 1st day of June, 2022

The petitioner is the 1st accused in Crime No. 229 of 2019 of

Kozhinjampara Police Station which was registered for the offences

punishable under Sections 463, 465, 466, 471, 474 and 198 read with

34 of the Indian Penal Code.

2. Annexure II is the FIR and the same was registered on the

basis of Annexure I private complaint submitted by the 3 rd respondent.

The allegation against the petitioner is that the petitioner, with the

assistance of the 2nd accused, had constructed an auditorium in a

property belonging to the Church and obtained electricity connection

by producing a fake ownership certificate in respect of the building,

claimed to have been issued by the Panchayat.

3. This Crl. M. C. is filed for quashing all proceedings pursuant

to Annexures I and II. The contention of the petitioner is that

Annexure I complaint was submitted with false allegation and the

same do not constitute the offences alleged against the petitioner.

4. The case is even now under investigation. The prayer sought

for by the petitioner is to quash Annexure II FIR. It is a well settled

position of law that the power of this Court under Section 482 Cr.P.C.

can be invoked for quashing FIR only in rarest of rare cases. If the

offences are not attracted even if the basic allegations in the FIR are

taken for its face value, then only the powers under Section 482 Cr. P.

C. can be invoked.

5. When the aforesaid principle is applied in the facts of this

case, I do not think that this is a fit case where this Crl. M. C. can be

entertained. This is particularly because the question whether the

ownership certificate, which is the subject matter of the dispute, was

fake or not, is a matter to be verified in an investigation. No

examination of the same can be conducted at this stage by this Court.

In such circumstances, I do not find any reason to entertain this Crl.

M. C.

Accordingly this Crl. M. C. is closed without prejudice to the

rights, contentions and remedies of the petitioner. It is also made clear

that it shall be open for the petitioner to invoke the jurisdiction under

Section 482 Cr.P.C. in case any final report is filed against it.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE Eb /TRUE COPY/ P. A. TO JUDGE

APPENDIX OF CRL.MC 4874/2019

PETITIONER ANNEXURES ANNEXURE I A TRUE COPY OF THE COMPLAINT NO.4806/2019DTD.27/6/2019 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT,CHITTUR. ANNEXURE II A TRUE COPY OF THE FIR NO.0229/2019 DTD.27/6/2019 REGISTERED BY THE KOZHINJAMPARA POLICE STATION.

ANNEXURE III A TRUE COPY OF THE DEED NO.1236/ME 10104 OF SRO,CHITTUR.

ANNEXURE IV A TRUE COPY OF THE DEED NO.109/ME 1106 OF SRO,CHITTUR.

ANNEXURE V A TRUE COPY OF THE POSSESION CERTIFICATE DTD.15/7/2017 ISSUED BY THE VADAKARAPATHY VILLAGE ANNEXURE VI A TRUE COPY OF THE TAX RECEIPT NO.7783908 DTD.15/4/2017 OF THE VILLAGE OFFICE,VADAKARAPATHY VILLAGE.

ANNEXURE VI(A) A TRUE COPY OF THE TAX RECEIPT NO.0717249 DTD.6/12/2018 OF THE VILLAGE OFFICE,VADAKARAPATHY VILLAGE.

ANNEXURE VI(B) A TRUE COPY OF THE TAX RECEIPT NO.2/5/2019 OF THE VILLAGE OFFICE,VADAKARAPATHY.

ANNEXURE VII A TRUE COPY OF THE ROUGH SKETH PRODUCED BY THE ADVOCATE COMMISSIONER IN I.A.NO.1828/2018 IN O.S.NO.419/2018 OF THE MUNSIFF COURT,CHITTUR TOGETHER WITH COMMISSION REPORT.