Kerala High Court
Mathew vs State Of Kerala on 11 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC Nos.1341 of 2017 & 2457 of 2020
2024:KER:70097
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
CRL.MC NO. 1341 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 31.01.2004 IN CC
NO.635 OF 1999 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
(MUNSIFF MAGISTRATE COURT) ADIMALI
PETITIONERS/ACCUSED 5 ADN 7 IN CC:
1 MATHEW
S/O.LATE MATHEW, ODACKAL VEEDU, KADANADU POST,
MEENACHIL TALUK, KOTTAYAM DISTRICT.
2 SEBASTIAN
S/O.LATE MATHEW, ODACKAL VEEDU, KADANADU
POST,MEENACHIL TALUK, KOTTAYAM DISTRICT.
BY ADVS.
SRI.JOHNSON MANAYANI
SRI.BENHUR JOSEPH MANAYANI
SRI.JEEVAN MATHEW MANAYANI
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY ITS STATE PROSECUTOR, HIGH COURT
COMPLEX, ERNAKULAM, COCHIN-682031.
2 FOREST RANGER
ADIMALY, ADIMALY POST, IDUKKI DISTRICT.
BY ADV SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.09.2024, ALONG WITH CRL.MC.2457/2020, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
CRL.MC Nos.1341 of 2017 & 2457 of 2020
2024:KER:70097
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
CRL.MC NO. 2457 OF 2020
CRIME NO.107/96 OF ADIMALI FOREST RANGE OFFICE, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.30 OF 2005
OF JUDICIAL FIRST CLASS MAGISTRATE COURT, (MUNSIFF
MAGISTRATE COURT) ADIMALI
PETITIONER/ACCUSED NO.10 IN THE CC:
THOMAS
AGED 60 YEARS
S/O.RAFEL, APPANCHIRAYIL VEEDU, NELLIMATTOM,
KOTHAMANGALAM-686693
BY ADVS.
JEEVAN MATHEW MANAYANI
SRI.JOHNSON MANAYANI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS STATE PROSECUTOR, HIGH COURT
COMPLEX ERNAKULAM, COCHIN-682031
2 FOREST RANGER,
ADIMALY, ADIMALY POST, IDUKKI DISTRICT-685561
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.09.2024, ALONG WITH Crl.MC.1341/2017, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
CRL.MC Nos.1341 of 2017 & 2457 of 2020
2024:KER:70097
3
P.V.KUNHIKRISHNAN
---------------------
CRL.MC Nos.1341 of 2017 & 2457 of 2020
---------------------------
Dated this the 11th day of August, 2024
ORDER
These two Criminal Miscellaneous Cases are
connected and therefore, I am disposing of these Criminal
Miscellaneous Cases by a common order.
2. Petitioners in these cases are accused in O.R
No.107/1996 of the Forest Range Office, Adimaly. Based on
the Form II report filed in O.R No.107/1996, the Judicial First
Class Magistrate Court, Adimaly taken on file the case as CC
No.635/1996.
3. The prosecution case is that the petitioners and
the other accused in the above cases trespassed into
Kudakkallu bhagam Malayatoor reserve forest and cultivated
cardamom, coffee, pepper etc and attempted to possess the
same causing a loss of Rs.38,000/- to the Government.
Hence, it is alleged that the accused committed the offence
CRL.MC Nos.1341 of 2017 & 2457 of 2020
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under Section 27(1)(e) III and IV of the Kerala Forest Act.
The petitioners are accused Nos.5, 7 and 10. Originally there
where 10 accused in the case. Accused Nos.1 to 4, 8 and 9
faced trial and they were acquitted. Thereafter, the case
against accused Nos.5, 6, 7 and 10 were refiled as CC
No.99/2004. On 30.04.2005, the case against accused
Nos.5,6,7 and 10 were transferred to the long pending case
as LP No.30/2005. Subsequently, A6 died and charge against
A6 was abated. Now, the case against the petitioners in
these cases, who are accused Nos.5, 7 and 10 are pending
as LP No.30/2005. The contention of the petitioners is that,
in the light of the acquittal of co-accused, the continuation of
the prosecution against the petitioners is an abuse of process
of court.
4. Heard the learned counsel for the petitioners and
also the learned Public Prosecutor.
5. This Court perused the judgment dated
31.01.2004 in CC No.635/1999 of the Judicial First Class
Magistrate Court, Adimaly by which the co-accused were
CRL.MC Nos.1341 of 2017 & 2457 of 2020
2024:KER:70097
acquitted. This Court asked the Public Prosecutor to verify
whether above judgment is challenged by the State. The
Public Prosecutor submitted that the same is not challenged.
This Court also asked the Registry to find out whether any
challenge is there against the above judgment. The Registry
also submitted that no appeal is filed against the above
judgment.
6. It will be better to extract the relevant portion of
the judgment dated 31.01.2004 in CC No.635/1999 of the
Judicial First Class Magistrate Court, Adimaly.
PW1 deposed that he had been a forest
guard attached to Machiplavu Forest station. PW1
deposed that on 17.10.96 as per the order of Hon'ble
High Court and Govt and also as per the order of
Munnar Divisional forest Officer, the Adimaly Range
staff and Munnar, Marayoor Devikulom Range staff
had re-possessed of about 38 acres of Land
encroached by accused and was cultivated with
cardamom, coffee and pepper. PW1 further deposed
that by cultivating the land after removing the
underwood a loss of 38,000/- rupees was caused to
Govt. The place of occurrence is at Kudakallu bhagam
CRL.MC Nos.1341 of 2017 & 2457 of 2020
2024:KER:70097
of Malayattoor reserve within the limit of Adimaly
Range Machiplavu station. The mahazar prepared is
with marked as Ext.P1. the form I report is marked as
Ext.P2, the copy of reserve notification is marked as
Ext.P3.
6. Though PW1 is examined in chief he had
not turned up for cross examination after framing
charge. Though several times process was issued
against the complainant and PW1 none of them turned
up. Hence PW1 was not cross examined. PW1 was not
cross examined his evidence is discarded. After
discarding the evidence of PW1 there is no evidence to
prove the alleged act on the part of the accused. In
the above said circumstances, I find that the
prosecution has failed to prove any offending acts on
the part of the accused in this regard. Hence I find
that the accused No.1,2,3,4,8 and 9 are not guilty in
this offence. These points are found against the
prosecution.
7. Point No.3
In view of my finding on point No.1 and 2,
this point,does not arise for consideration.
are found not guilty and they are acquitted u/s 248(1)
Cr.P.C. for the offence u/s 27(1)e, III and IV of the
K.F.Act. The bail bonds executed by the accused are
cancelled and they are set at liberty. Case against
A5,6,7 and 10 are refiled as C.C. 99/04."
CRL.MC Nos.1341 of 2017 & 2457 of 2020
2024:KER:70097
7. In the light of the above findings and also in the
light of the fact that there is no challenge to the above
judgment, I am of the considered opinion that the
continuation of the proceedings against the petitioners in
these cases are not necessary. Therefore, the proceedings
against the petitioners also can be quashed.
Hence, these Criminal Miscellaneous Cases are
allowed and all further proceedings against the petitioners in
LP No.30/2005 arising from CC No.635/1999 of the Judicial
First Class Magistrate Court, Adimaly are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
CRL.MC Nos.1341 of 2017 & 2457 of 2020
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PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FORM NO.I PREPARED
AND PRODUCED BY THE 2ND RESPONDENT DATED
17.10.1996
ANNEXURE A2 THE TRUE COPY OF THE FOREST OFFENCE
CHARGE SHEET NO.107/96 OF THE 2ND
RESPONDENT DATED 18.10.1996
ANNEXURE A3 TRUE COPY OF THE JUDGMENT IN CC
NO.635/1999 OF THE JUDL.FIRST CLASS
MAGISTRATE COURT, ADIMALY, DATED
31.1.2004
CRL.MC Nos.1341 of 2017 & 2457 of 2020
2024:KER:70097
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF THE FORM NO.1
PREPARED AND PRODUCED BY THE 2ND
RESPONDENT DATED 17-10-1996.
ANNEXURE A2 THE CERTIFIED COPY OF THE FOREST OFFENCE
NO.107/96 OF THE 2ND RESPONDENT DATED
18-10-1996.
ANNEXURE A3 TRUE CERTIFIED COPY OF THE JUDGMENT IN
C.C.NO.635 OF 1999 OF THE JUDL. FIRST
CLASS MAGISTRATE COURT, DATED 31-1-2004.
