The quashing of prior legal orders renders subsequent criminal prosecution baseless and an abuse of process.

O R D E R

The petitioners are accused Nos.1 & 2 in C.C.No.88/2019 on the files of the Judicial First Class Magistrate Court-II, Kothamangalam, which arose out of Crime No.1021/2018 of Pothanicad Police Station, Ernakulam. The offences alleged against them are under Section 277 read with Section 3 4 of the Indian Penal Code, 1860 , Section 120 (e) of the Kerala Police Act, 2011 , and Section 3 read with Section 23 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 .

2. The prosecution case is that the petitioners indulged in the reclamation and filling of paddy land comprised in Sy.Nos.583/2A/2/12, 583/2A/3/17, 583/9/1 & 583/9/2/14 of Pallarimangalam Village and made permanent constructions in the reclaimed land.

3. The Pothanicad Police registered the FIR on 23.11.2018, on the basis of a notice dated 09.11.2018 issued by the Village Officer, Pallarimangalam, and the consequential order passed by the Revenue Divisional Officer, Muvattupuzha. After the completion of the investigation, the Sub Inspector of Police, Pothanicad, laid the final report alleging the commission of the aforesaid offences.

4. In the present petition, the petitioners would contend that the criminal prosecution launched against them is totally unfounded and baseless. It is stated that the report of the Village Officer and the order of the Revenue Divisional Officer, on the basis of which the present crime has been registered, were quashed by this Court as per the judgment rendered on 04.12.2018 in W.P.(C)No.37678/2018.

5. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.

6. Annexure-A9 is the copy of the judgment rendered by this Court on 04.12.2018 in W.P.(C)No.37678/2018. A reading of the aforesaid judgment would reveal that the notice of the Village Officer, Pallarimangalam, and the order of the Revenue Divisional Officer, Muvattupuzha, on the basis of which the present prosecution has been initiated, were quashed by this Court, since it were found to be issued not in accordance with the relevant provisions of law. The aforesaid documents are referred as Exts P8 & P9 in Annexure-A9 judgment. Since the very basis of the criminal prosecution launched against the petitioners is lost, pursuant to Annexure-A9 judgment rendered by this Court quashing the relevant notice and order of the revenue authorities, the continuation of the criminal prosecution against the petitioners would amount to an abuse of process of law. That being so, the prayer of the petitioners to quash the proceedings against them, deserves to be allowed.

In the result, the petition stands allowed. The proceedings against the petitioners/accused Nos.1 & 2 in C.C.No.88/2019 on the files of the Judicial First Class Magistrate Court-II, Kothamangalam, which arose out of Crime No.1021/2018 of Pothanicad Police Station, Ernakulam, are hereby quashed.

(Sd/-)