Back
2022 Supreme(Online)(KER) 53728
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 CRL.MC NO. 1560 OF 2014 CRIME NO.150/2007 OF Santhampara Police Station, Idukki PETITIONER/ACCUSED NO.1:
PRAVEEN XAVIER AGED 39 YEARS S/O.XAVIER, EDAYKKATTUKUDY HOUSE, PUTHUPPADI KARA, KOTHAMANGALAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.
BY ADVS.
SRI.P.B.KRISHNAN SRI.SABU GEORGE RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 035
2 THE SUB INSPECTOR OF POLICE SANTHAMAPARA POLICE STATION, SANTHAMPARA, IDUKKI DISTRICT-685 619.
ADDL.R3 DISTRICT COLLECTOR COLLECTORATE, IDUKKI 685 603.
ADDL.R4 TAHSILDAR, UDUMBANCHOLA, IDUKKI 685 554 (ADDITIONAL R3 AND R4 ARE IMLEADED AS PER ORDER DATED
12.03.2014 IN CRL.M.A.NO.2429/2014)
BY ADV.
SRI.SUDHEER GOPALAKRISHNAN – PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.11.2021, ALONG WITH Crl.Rev.Pet.1774/2014, 8163/2018, THE COURT ON 25.01.2022 PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 CRL.REV.PET NO. 1774 OF 2014 ARISING OUT OF THE ORDER DATED 23.12.2013 IN CC 890/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,NEDUMKANDAM IN CRIME NO.150/2007 OF SANTHAMPARA POLICE STATION PETITIONERS/ACCUSED NOS.2 TO 4:
1 M.C.JOSEPH S/O.CHACKO,AGED 54, MUNDACKAL HOUSE, RAMALLOOR KARA, ALUVA VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683 101.
2 BIJU HORMIS AGED 37 YEARS S/O.HORMIS, THEKKENETH HOUSE, CHENDAL KARA, VADAKKUMBHAGAM VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
3 PREETHI ZACHARIAH AGED 39 YEARS, W/O ZACHARIAHS, CHANDRAKKUNNEL HOUSE, LALAM KARA, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.
BY ADVS.
SRI.P.B.KRISHNAN SRI.SABU GEORGE RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 035.
2 DETECTIVE INSPECTOR CBCID, (OCW-III), SUB UNIT, THRISSUR, PALAKKAD UNIT, THRISSUR - 680 001.
BY ADV.
SRI.SUDHEER GOPALAKRISHNAN – PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10.11.2021, ALONG WITH Crl.MC.1560/2014 AND CONNECTED CASES, THE COURT ON 25.01.2022 PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 CRL.MC NO. 8163 OF 2018 ARISING OUT OF THE ORDER DATED 09.11.2018 IN CRL.RP 13/2017 OF ADDITIONAL SESSIONS COURT-IV, THODUPUZHA WHICH CONFIRMED THE ORDER DATED 08.09.2017 IN CMP NO.4636 OF 2017 IN C.C.NO.890 OF 2013 CC 890/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDAM PETITIONER/PETITIONER/PETITIONER/ACCUSED NO.1:
PRAVEEN XAVIER AGED 39 YEARS S/O.XAVIER, EDAYKKATTUKUDY HOUSE, PUTHUPPADI KARA, KOTHAMANGALAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.
BY ADVS.
P.B.KRISHNAN SRI.SABU GEORGE RESPONDENTS/RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 035.
2 DETECTIVE INSPECTOR SPECIAL INVESTIGATION TEAM, CBCID, KOTTAYAM – 686001.
BY ADV ADDL.DIRECTOR GENERAL OF PROSECUTION-
SRI.T.A.SHAJI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.11.2021, ALONG WITH Crl.MC.1560/2014 AND CONNECTED CASES, THE COURT ON 25.01.2022 PASSED THE FOLLOWING:
['P B KRISHNAN', '', 'SRI SABU GEORGE', 'ADDL DIRECTOR GENERAL OF PROSECUTION']
The court established that subsequent purchasers cannot be held liable for previous fraudulent actions absent clear evidence of their complicity or knowledge of those actions.
Headnote:
Crime - Prosecution - Indian Penal Code Sections List - The court quashed the proceedings against the accused, finding no sustainable grounds for invoking allegations under IPC sections regarding forgery, criminal trespass, and cheating, emphasizing that the accused were not involved in the alleged wrongdoing.
Fact of the Case:
The case arose from allegations against the accused of creating forged documents to construct a tourist resort on government-assigned land, leading to criminal proceedings against them including forgery and criminal trespass.
Issues: Whether the accused could be held criminally liable for the alleged offences of forgery, criminal trespass, and related accusations in connection with their acquisition of property.
Ratio Decidendi: The court ruled that mere purchase and subsequent mutation of property does not implicate subsequent owners in earlier fraudulent acts without evidence of knowledge or participation in wrongdoing.
Final Decision: All proceedings against the accused were quashed.
ORDER
[Crl.MC Nos.1560/2014, 8163/2018 & Crl.R.P.No.1774/2014]
All these petitions are submitted by the accused Nos.1 to 4 in Crime No.150 of 2007 of Santhampara Police Station. On the basis of the the final report submitted in the said crime, the Judicial First Class Magistrate Court, Nedumkandam has taken cognizance thereon for the offences punishable under Sections 447, 468, 465, 471, 420, 120(B)
read with Section 34 of Indian Penal Code as C.C. No.890/2013. 2. Crl.R.P. No.1774/2014 is filed by accused Nos.2 to 4 challenging the order dated 23.12.2013 passed by the learned Magistrate issuing summons to the accused persons. Crl.M.C. No.1560/2014 is submitted by the 1st accused therein challenging the final report submitted in Crime No.150 of 2007 of Santhampara Police Station and to quash all further proceedings pursuant to the same by invoking powers of this Court under Section 482 Cr.P.C. While Crl.M.C. No.1560/2014 was pending consideration, the petitioner therein, after availing permission from this Court, moved the trial court for discharge from the proceedings, which resulted in order dated 08.09.2017 in C.M.P. No.4636 of 2017. As per the said order the prayer sought for by the petitioner was dismissed by the learned Magistrate. Challenging the same 1st accused filed Crl.R.P. No.13/2017 before the Additional Sessions Court IV, Thodupuzha and the same was dismissed as per order dated 09.11.2018. The aforesaid orders are challenged by the 1st accused in Crl.M.C. No.8163/2018 and in the said Crl.M.C. the aforesaid impugned orders are produced as Annexures F and G respectively. The final report submitted in the aforesaid crime is produced in the Crl.M.C. as Annexure A. The main challenge raised by the petitioners is against the sustainability of prosecution against them in C.C. No.890 of 2013 pending before the Judicial First Class Magistrate Court, Nedumkandam. For the sake of convenience, the documents are described in the manner as produced in Crl.M.C. No.8163/2018.
3. The basic facts which resulted in registration of the aforesaid crime and consequential prosecution are as follows: The petitioners herein are the accused Nos.1 to 4 in C.C. No.890 of 2013. The aforesaid case arises from Crime No.150 of 2007 of Santhampara Police Station, which was registered against 16 accused persons including the petitioners herein, for the offences mentioned above.
4. The petitioners/accused Nos.1 to 4 are the owners in possession of property having an extent of 34.32 Ares comprised in Sy.No.130/1 and 130/2 of Chinnakkanal Village of Udumbanchola Taluk. In addition to the same, they are also in ownership and possession of 66.32 Ares of land comprised in Sy.No.87/1 in Chinnakkanal Village of Udumbanchola Taluk. As far as the properties comprised in Sy.Nos.130/1 and 130/2 are concerned, the aforesaid properties form part of the properties originally assigned by the Government to one L.S.Subarayar who later assigned the same to one Varaguna Senga Cherva and others as per the document No.135/1110 M.E. A portion of the said property having an extent of 34.32 Ares came to be vested with the petitioner after a series of transactions. The aforesaid properties are cardamom lands, where assignment was made by the Government for cultivation of cardomom.
5. The right over the properties comprised in Sy.No.87/1 came to be vested with the petitioners from two sources. An extent of
80 cents of the said property, which forms part of a total extent 2.7 acres of land, was originally assigned by the Government under the Kerala Land Assignment Rules 1964 to one Philomina (5th accused) as per patta bearing L.A.No.41/1977. Similarly, an extent of 87.5 cents of land forms part of the properties having an extent of 2.40 acres of land which was assigned by the Government under the Kerala Land Assignment Rules, 1964 to one Kusumam Abraham (A6) as per patta bearing L.A. No.15/1977. Thus, in Sy.No.87/1 the petitioners are having ownership over 167.5 cents of land whi
