IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Crl.MC.No. 3774 of 2006() ------------------------------------ CC.NO.254/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): ACCUSED NO.1 ------------------------------------------------- SUNIL KUMAR.S., MANAGING DIRECTOR, MEERA FLORES ESTATE, PADAGIRI. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, NELLIAMBATHY RANGE. R1 & R2 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3774/2006 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE REPORT IN FORM NO.1 IN OFFENCE NO.34/2000 OF THE FOREST RANGE OFFICE, NELLIAMBATHY. ANNEX B COPY OF THE FORM II REPORT SUBMITTED BY R2 IN DO DO. ANNEX C COPY OF THE MAHAZAR PREPARED BY R2 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P.RAY, JUDGE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.3774 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of August, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner, who is the Managing Director of the Meera Flores Estate in Padagiri in Nelliampathy, has been arrayed as accused No.1 in C.C.No.175/2006 pending on the file of Judicial First Class Magistrate, Alathur arising out of a complaint filed by the Forest Range Officer, Nelliyampathy, for commission of offence punishable under Section 27(1) (e)(iii)(iv) and 84 of the Kerala Forest Act. The allegation involved in this case is that the petitioner trespassed into the reserve forest and removed coffee seeds. Petitioner prays to quash annexure B, Form I report submitted by the Forest Range Officer/respondent No.2 before the Judicial First Class Magistrate Court, Alathur, and all further proceedings pursuant thereto. 3. Learned counsel for the petitioner submits that in similar cases, accused persons have been acquitted of charges. This court has also declared that the concerned area in question do not form part of reserve forest and therefore this issue will not be covered by the Kerala Forest Act. Crl.M.C.No.3774 OF 2006 :: 2 :: 4. Considering the entire facts and circumstances of the case, I permit the petitioner to plead discharge before the trial court by filing appropriate application enclosing relevant documents. If an application for discharge/dismissal of the complaint is filed, learned Magistrate shall consider the same and pass a reasoned order at an early date. 5. Learned counsel for the petitioner submits that petitioner is the Managing Director of a company and remains busy in his day today work. It may not be possible on his part to appear before the learned Magistrate on each and every day fixed for trial. If the petitioner files an application under Section 205 Cr.P.C. to dispense with his personal appearance, same shall be allowed on such terms and conditions as the learned Magistrate deems fit. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes