THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL HEARING ON 08.09.2026, THE COURT ON 15.09.2026 PASSED THE FOLLOWING:

C.S.DIAS, J.

Crl. M.C.No. 7404 of 2026 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of September, 2026

O R D E R

Aggrieved by Annexure A9 order passed by the Court of the Judicial First Class Magistrate, Chottanikkara, Ernakulam (‘Trial Court’, for brevity) in C.M.P. No.10/2026 in C.C. No.456 of 2022, dismissing the application filed by the petitioner, the 1st accused in the above case, to stay the proceedings in the case until the final report is filed in O.R. No.1/2021 registered by the Range Forest Officer, Meppady Range, and pending before the Court of the Judicial First Class Magistrate, Sulthan Bathery, Wayanad, this petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’, for short).

2. The concise relevant facts leading to the impugned order and necessary for determination of this petition are as follows:

(i) The 2nd respondent (de facto complainant), the Managing Partner of Malabar Timber Industries, approached the first accused for the purchase of timber. The first accused allegedly represented to the 2nd respondent that he had the required stock of timber with all requisite permissions issued by the Forest Department. Acting upon the representation, the 2nd respondent transferred Rs.1,40,00,000/- to the bank account of the first accused. The first accused thereafter delivered 54 timber logs accompanied by a Form-IV pass issued by the Deputy Forest Officer under the Kerala Forest Produce Transit Rules, 1975. However, he failed to furnish the permit required under Rule 3(b)(iv) of the Kerala Promotion of Tree Growth on Non-Forest Land Rules, 2006.

(ii) The 2nd respondent informed the Chief Conservator of Forests (Northern Circle) about the incident, who constituted a Special Investigation Team (SIT) to investigate the matter. The SIT found that the first accused had failed to maintain mandatory records, including stock, purchase and sales registers, and that the timber had been illegally felled from forest land and transported using fabricated documents. The timber was accordingly seized from the depot of the 2nd respondent. Consequently, O.R.No.1 of 2021 was registered against the accused persons, including the petitioner, alleging the commission of offences punishable under Sections 27(1)(d), (e), (iii), (iv), 40, 39, 52 and 61A of the Kerala Forest Act, 1961 and Rules 12 and 23 of the Kerala Forest Produce Transit Rules, 1975.

(iii) In the meantime, the 2nd respondent filed a private complaint before the Trial Court, which was referred to the Ambalamedu Police Station, who in turn registered FIR No.594/2021 (Annexure A3) and filed the charge sheet (Annexure A4), alleging that the petitioner and accused 2 and 3 have committed the offences punishable under Sections 406 and 420 r/w S.34 of the Indian Penal Code (‘IPC’, for short). The case is numbered as C.C. No.456/2022.

(iv) The petitioner filed a discharge petition before the Trial Court. By Annexure A6 order, the Trial Court partly allowed the petition, finding sufficient grounds to proceed against the accused only for the offence under Section 420 r/w S.34 IPC, and not under Section 406. The petitioner challenged the order before this Court in Crl.R.P. No.560/2026, which was dismissed by Annexure A7 common order.

(v) After Annexure A7 common order was passed, the petitioner filed Crl.M.C. No.7039/2026 before this Court to stay the proceedings in C.C. No.456/2022 until the final report is filed in O.R. No.1 of 2021. By Annexure A8 order, this Court dismissed the petition, directing the petitioner to work out his remedies in accordance with law.

(vi) Thereafter, the petitioner filed an application before the Trial Court under Section 233 BNSS, to stay the proceedings in C.C. No.456/2022 until the final report is filed in O.R.No.1 of 2021. However, the Tri