SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(Ker) 311

P.D.RAJAN
H. G. Mathews Mar Ivaniose – Appellant
Versus
Thomas Mar Athanasious Diocesan Metropolitan (Orthodox) – Respondent


Advocate Appeared:
For the Petitioner:B. Raman Pillai, R. Anil, M. Sunilkumar, V.B. Sujesh Menon, Tanil Kumar, Manu Tom, Thomas Abraham (Nilackappillil), Advocates.
For the Respondents:R1, S. Sreekumar, Senior Advocate, P. Martin Jose, P. Prijith, Advocates, R2, Justin Jacob, Public Prosecutor.

Judgment

1. The petitioner was the former Metropolitan of the Kandanad Diocese, appointed by the Patriarch of Antioch. He has preferred this petition to quash Annexure-I complaint and Annexure-J order in C.M.P.No.4796/2011 in C.C.No.85/2012, of the Chief Judicial Magistrate Court, Thodupuzha. The 1st respondent, who is the Metropolitan of Kandanad East Diocese filed a complaint in the CJM, Court, Thodupuzha, for the offences u/ss.423, 465, 468 and 471 r/w.34 IPC and u/s.120B of IPC against the petitioner and two others, which was forwarded to the Police Station Thodupuzha for investigation u/s.156(3) of Cr.PC. and after investigation the Police referred the case. The petitioner contended that prima facie case is not made out in the complaint and if trial is proceeded, it is a mere abuse of the process of the Court. Hence, the petitioner prays to quash Annexures-I and J by invoking the inherent jurisdiction.

2. The 1st respondent, who is the Metropolitan of Kandanad East Diocese is functioning according to the Constitution framed in the year 1934. There are several churches under the control of this Diocese and St.Mary's Orthodox Syrian Church, Thodupuzha is one of the churches. Ever





























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top