Kerala High Court
V.C James vs David John on 27 May, 2025
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.No.4057/25
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
CRL.MC NO. 4057 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.142 OF 2023
OF CHIEF JUDICIAL MAGISTRATE, THODUPUZHA
PETITIONER S:
1 V.C JAMES,
AGED 60 YEARS
FORMER SECRETARY, IDUKKI DISTRICT RIFLE
ASSOCIATION, MUTTOM, IDUKKI, S/O CHACKO,
VALIYAKUNNEL HOUSE, AVOLI P.O, ANIKKAD,
MUVATTUPUZHA., PIN - 686671
2 DEVASSIA KURIAN,
AGED 65 YEARS
S/O KURIAN, VELANKUNNEL ESTATE, CHITTILENCHERI
P.O, PALAKKAD, PIN - 678704
3 SUNNY THOMAS,
AGED 76 YEARS
S/O THOMAS, MEKKATTU HOUSE, UZHAVUR P.O,
KOTTAYAM, PIN - 686634
4 P.O OOMEN,
AGED 65 YEARS
S/O P.T OOMEN, PULIMATTATH HOUSE, MAIN ROAD,
KALPETTA, WAYANAD, PIN - 673121
Crl.M.C.No.4057/25
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BY ADVS.
V.JOHN SEBASTIAN RALPH
VISHNU CHANDRAN
RALPH RETI JOHN
APPU BABU
GIRIDHAR KRISHNA KUMAR
GEETHU T.A.
APOORVA RAMKUMAR
MARY GREESHMA
RESPONDENTS:
1 DAVID JOHN,
AGED 45 YEARS
JOINT SECRETARY, KERALA STATE RIFLE ASSOICATION,
PUTHUKADAN HOUSE, CHEROOR ROAD, THRISSUR, PIN -
680020
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADVS.
B.K.GOPALAKRISHNAN
P.V.VINIL
OTHER PRESENT:
SRI. G. SUDHEER, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 27.05.2025, THE COURT ON 31.01.2025 PASSED THE
FOLLOWING:
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V.G.ARUN, J
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Crl.M.C.No.4057 of 2024
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Dated this the 27th day of May, 2025
ORDER
Petitioners are accused Nos.1 to 4 in C.C.No.142/2023 on
the files of the Chief Judicial Magistrate Court, Thodupuzha.
The case originated from Annexure 3 private complaint filed by
the 1st respondent alleging commission of offences punishable
under Sections 415, 417, 420, 464, 465, 468 and 120B read
with 34 IPC. The essential facts are as under;
The Kerala State Rifle Association (for short 'KSRA') is the
organisation that governs the sport of rifle shooting in the State
of Kerala and is affiliated to the National Rifle Association of
India. The President of the KSRA is the Inspector General of
Police, Police Headquarters, Thiruvananthapuram. The other
office bearers of the Association are elected every four years
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from among the members of the General Body. The main
allegation against the petitioners is that, during 2017, they
forged the letter pad of the KSRA and nominated themselves to
participate in the election to the National Rifle Association of
India. An earlier complaint filed by the 1 st respondent with the
very same allegation was forwarded to the police for
investigation and Crime No.516 of 2019 registered at the
Muttam Police Station for offences under Sections 415, 417,
420, 464, 465, 468 and 120B read with 34 IPC. The police,
after investigation, filed Annexure 1 final report finding the
allegations to be false and requested the court to refer the case
accordingly. Thereupon, the 1 st respondent filed Annexure 4
protest and the Chief Judicial Magistrate, Thodupuzha took
cognisance of the offences.
2. Heard, Advs. S John Sebastian Ralph for the petitioners,
B.K. Gopalakrishnan for the 1st respondent and Adv.G.Sudheer,
the Public Prosecutor for the State.
3. Learned counsel for the petitioners submitted that the
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1st respondent was the Joint Secretary of the KSRA and the
complaint is motivated by personal animosity. The letter pad
used by the KSRA from 20.04.2016 onwards was approved in
the meeting held on 02.05.2016. The earlier investigation had
revealed that the complainant himself had prepared the letter
pad and the petitioners were duly nominated by the general
body of the KSRA to represent the State in the National Rifle
Association. Investigation also revealed that the minutes of the
KSRA meeting dated 31.03.2016, pertaining to the decision
regarding the nomination of the petitioners, was not cancelled
at any point of time. Moreover, the National Rifle Association
had no complaint regarding the petitioner's participation in its
meetings, as nominated by the KSRA. Therefore, the court
below committed gross illegality by taking cognisance of the
offences and issuing summons, without adverting to the refer
report. In support of the contention, reliance is placed on the
decision in Parameswaran Nair v. Surendran and Another
[2009 (1) KLT 794].
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4. Learned counsel for the 1st respondent submitted that
the petitioners and certain other office bearers had indulged in
large scale misappropriation and manipulation of records,
resulting in registration of numerous crimes against them. The
complaint in the present case was accepted on file by the
learned Magistrate after examining the 1 st respondent and
witnesses under Section 202 of Cr.P.C. Thus, only upon
reaching the satisfaction that a prima facie case is made out
against the accused, the complaint was taken on file. Referring
to the decision in Palanitkar v. State of Bihar [AIR 2001 SC
2960], it is contended that 'sufficient grounds' in Section 204
of Cr.P.C means satisfaction of the court that a prima facie case
is made out and not the sufficient ground required for
conviction.
5. Although detailed arguments are advanced by the
learned counsel on either side, for the purpose of deciding
whether the court below was justified in taking cognisance of
the offences and issuing process, it is not essential to delve into
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those factual contentions. Indisputably, the earlier investigation
into the very same allegation, culminated in Annexure 1 final
report finding the allegations to be false. In Annexure 1, the
reasons for finding the allegations to be baseless are discussed
in detail. Surprisingly, in the impugned order, there is no
mention about the refer report and the only finding is that the
complainant has made out a prima facie case. The above
procedure does not satisfy the requirement of the Magistrate
forming the opinion that there is sufficient ground to proceed,
which is fundamental to Section 204 of the Cr.PC. The legal
position in this regard is succinctly laid down by this Court in
Parameswaran Nair (supra), the relevant portion of which
reads as under;
"16. If Magistrate finds that in spite of all the objections raised, the final
report is to be accepted he can accept it and drop the proceeding. At
that stage Magistrate can entertain a second complaint. But such a
complaint will lie only if there was manifest error or manifest miscarriage
of justice or new facts which the complainant had no knowledge of or
with reasonable diligence could not have brought forward in the
previous proceedings. The Magistrate cannot therefore ignore the final
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report altogether and consider only the protest complaint and the sworn
statement of the witnesses record in that enquiry."
For the aforementioned reasons, the Crl.M.C is allowed.
The Chief Judicial Magistrate, Thodupuzha is directed to
reconsider CMP No.1096 of 2020 and pass reasoned order
thereon, strictly in accordance with Section 204 of Cr.P.C. For
that purpose, further proceedings in C.C.No.142/2023 on the
files of the Chief Judicial Magistrate Court, Thodupuzha are
quashed.
Sd/-
V.G.ARUN, JUDGE
sj
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PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME 516/2019 OF MUTTOM POLICE STATION
DATED 16.03.2020
Annexure 2 TRUE COPY OF THE FIR IN CRIME NO.
516/2019 OF MUTTOM POLICE STATION
Annexure 3 CERTIFIED COPY OF THE COMPLAINT IN CMP
5135/2019 FILED BY THE DEFACTO
COMPLAINANT THAT CULMINATED IN
REGISTRATION OF THE FIR DATED
22.11.2019
Annexure 4 CERTIFIED COPY OF THE PROTEST COMPLAINT
IN C.C NO. 142/2023 ON THE FILES OF
CHIEF JUDICIAL MAGISTRATE COURT,
THODUPUZHA DATED 24.06.2020
RESPONDENT ANNEXURES
Annexure R1(a) A copy of Order No.F.11-4/74SP.I issued
by Joint Secretary to the Government of
India dated 20/9/1975 addressed to
Indian Olympic Association and National
Sports Federations/Associations
Annexure R1(c) A copy of the statement of accounts for
the period from 11/11/2013 to 22/4/2016
issued by by South Indian Bank Limited,
Palakkad Branch
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Annexure R1(d) A copy of balance sheet as on 31/3/2015
duly signed by its Secretary and
Treasurer
Annexure R1(e) A copy of the minutes of extra ordinary
general body meeting of KSRA on
31/3/2016
Annexure R1(f) A copy of the minutes of general body
meeting of KSRA on 8/2/2019
Annexure R1(g) A copy of the mail to the Secretary
(ad-hoc) dated 20-4-2016
Annexure R1(h) A copy of the email originated by the
1st petitioner
Annexure R1(i) A copy of the minutes of the meeting of
the ad-hoc committee of KSRA held on
2/5/2016
Annexure R1(j) A copy of the email dated 13/5/2016
originated by the Treasurer of ad-hoc
committee of KSRA to the President and
all ad-hoc committee members
Annexure R1(k) A copy of the email dated 14-5-2016
Annexure R1(l) A copy of the letter dated 30/5/2017
and 31/5/2017
Annexure R1(m) A copy of letter from P.O. Oommen to
Secretary, Wayanad District Rifle
Association dated 21-3-2016
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Annexure R1(n) A true copy of the Election
Notification dated 30-3-2016 issued by
RDO, Returning Officer
Annexure R1(o) A copy of Application dated 17-8-2019
and its reply under RTI Act dated 17-9-
2019 along with the attached letter
head
Annexure R1(p) A copy of the minutes of General body
meeting of KSRA dated 30-12-2015
Annexure R1(r) A copy of the list of nominated
candidates for election for the year
2017-2021 prepared by NRAI
Annexure R1(s) A copy of the common order in CMP
2823/17, CMP 6181/17 and RC 5/17 in
Crime No.1801/2015 dated 12/12/2017
passed Hon'ble CJM, Thiruvananthapuram
Annexure R1(t) A copy of FIR No.10/2018 dated 2/1/2018
Annexure R1(u) A copy of the DO letter No.8-13/2012-
SPIII 251 dated 4/5/2018 send by Union
Minister to Chief Minister of Kerala
Annexure R1(v) A copy of FIR No.672/2019 dated
19/7/2019
Annexure R1(w) A copy of FIR No. 451/2022 dated 25-6-
Annexure R1(x) A copy of FIR No. 525/2019 dated 1-12-
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Annexure R1(y) A copy of the complaint dated 9-11-2017
lodged by the 1st respondent before the
SHO, Muttom Police Station against the
petitioners
Annexure R1(z) A copy of the complaint by email dated
10/11/2019 to the District Police
Chief, Idukki by the 1st petitioner
Annexure R1(q) A copy of the notice of withdrawal of
candidature for election as Honorary
Secretary by the 1st petitioner dated
4-7-2017
Annexure R1(b) A copy of the minutes of election
general body meeting held on 15/5/2013
by KSRA
PETITIONER ANNEXURES
Annexure 5 TRUE COPY OF THE REPORT DATED
27.08.2021 FILED BY MR. MANOJ ABRAHAM
IPS, THE EX-OFFICIO PRESIDENT OF THE
KERALA STATE RIFLE ASSOCIATION IN WP(C)
Annexure 6 TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA IN WP(C)
30679/2019 DATED 14.11.2022
