Point of law: power under Section 482 Cr.P.C. can be exercised even suo motu in the interest of justice, for which no formal application is required.

ORDER :

A batch of seven cases have come up in relation to the alienation of properties purportedly belonging to Syro Malabar Church viz, Crl.M.C.Nos.8936/2019, 205/2020, 1409/2020, 1414/2020, 2136/2020, 2138/2020 and 9115/2019.

2. One Joshy Varghese had filed a complaint in C.M.P.No.5003/2018 before the Judicial First Class Magistrate, Kakkanad alleging commission of offences under Section 120 B, 406, 409, 418, 420, 423, 465, 467, 468 and 34 IPC against the Major Archbishop of Syro Malabar Church and another. After preliminary enquiry in terms of Section 202 Cr.P.C., the Magistrate took cognizance under Annexure A2 order and issued summons to the petitioner for the offences coming under the purview of Section 120 B, 406, 423 r/w Section 34 IPC. A revision was preferred against Annexure A2 order before the Sessions Court, Ernakulam under Section 397 Cr.P.C. in Crl.R.P.No.20/2019. The learned Sessions Judge dismissed the revision under Annexure A3 order. It is against the aforesaid two orders and to quash the entire proceedings, the petitioner Cardinal Mar George Alencherry, the Major Archbishop of Syro Malabar Church challenged under Section 482 Cr.P.C. in Crl.M.C.No.8936/2019.

3. Crl.M.C.Nos.205/2020, 1409/2020, 1414/2020, 2136/2020 and 2138/2020 were filed by Cardinal Mar George Alencherry with respect to the complaints in which he is the accused. It is submitted that the first complaint at Maradu was numbered as C.M.P.No.2/2018 wherein the learned Magistrate had directed the complainant to examine further witnesses on his behalf and this was challenged by the complainant before this court and the same ended in dismissal. The said matter is still pending consideration before the Magistrate.

4. It is submitted that the complaint preferred by Sri. Joshy Varghese before the Judicial First Class Magistrate Court, Kakkanad, is by concealing the earlier complaint before the Judicial First Class Magistrate Court, Maradu, in C.M.P.No.2/2018 on the same set of facts and cause of action which is still pending consideration.

5. One Mr. Polachan Puthupara had approached the Chief Judicial Magistrate, Ernakulam, based on the very same set of facts and allegation as per Annexure -10 complaint, which was dismissed by the Chief Judicial Magistrate, Ernakulam, on the ground that the issue involved is of civil nature by Annexure A6 order.

6. Yet another complaint was filed before the Chief Judicial Magistrate Court, Ernakulam, in Crl.M.P. No.820/2010 by one Pappachan Varghese predicted on the same set of facts which was referred under Section 156(3) Cr.P.C. Consequently a crime was registered. But it was referred by the police on the ground of mistake of facts.

7. The Central Crime Branch Police, Ernakulam, launched a thorough investigation by examining 83 witnesses including the 36 persons who had purchased various properties and concluded the investigation stating that internal rules governing the administration of diocese were duly complied with both by their Financial Committee and Consulters Forum at each stage of transaction and a closure report Annexure A7 was submitted.

8. One Shine Varghese had approached the Central Police Station, Ernakulam, directly by filing a complaint based on the same set of allegations and approached this court seeking a mandamus for registration of crime in which a direction was issued by this court, but it was reversed in appeal based on which investigation was conducted and a closure report was submitted by the police.

9. The dispute pertains to the execution of various sale deeds in respect of properties held by the Syro Malabar Church, a religious congregation allegedly without compliance of the requirements as per the bye-laws of the Church causing heavy financial losses to the church and its parishioners. Inter alia, it has been contended that all these sale deeds are the result of criminal conspiracy hatched between the petitioner in collusion with his henchmen and the persons who had purchased the properties.