IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Crl.MC.No. 3222 of 2010(E) -------------------------------------- [CC.NO.353/2004 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA] .................... PETITIONER/ACCUSED: ---------------------------------- M.M.MATHEW, S/O. MATHEWS RESIDING AT MANIPPADAM VEETIL, VADAKKEMURI VILLAGE, UDHAYANAPURAM BHAGAM, VAIKOM. BY ADVS. SRI.V.S.CHANDRASEKHARAN, SMT.RENI RASHEED, SMT.LEKSHMI SWAMINATHAN, SMT.M.K.RAJITHA. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING BY THE FOREST RANGE OFFICER, KUMALI. 2. DIVISIONAL FOREST OFFICER, KOTTAYAM. R1 & R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3222 OF 2010 --------------------------------------------- Dated 6th October, 2010 O R D E R Petitioner, the first accused in C.C.252/2007 on the file of Judicial First Class Magistrate's Court, Kattappana taken cognizance on Annexure-A2 in OR 29/2001 of Kumali range for the offences under Section 27(i)(d), (e)(iii)of Kerala Forest Act filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that by Annexure-A6 order, Divisional Forest Officer has already directed to withdraw the name of the petitioner in OR.11/2001 15/2001 and 29/2001 and therefore, continuation of the proceedings against the petitioner in C.C.252/2007 is illegal. Petitioner would Crmc 3222/10 2 also contend that based on Annexure-A6 order, this Court has already quashed cognizance taken in OR 11/2001 in C.C.351/2007, by the order in Crl.M.C.1720/2007 filed by the petitioner and in such circumstances, case against the petitioner is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A2 complaint shows that cognizance was taken for the offences under Section 27(1)(d), (e)(iii) and 84 of Kerala Forest Act against the petitioner and three others, as C.C.353/2004. Case against the petitioner was split up and it is now pending as C.C.252/2007, as the petitioner was absconding. The third accused was no more, when the other two accused were tried, after Crmc 3222/10 3 splitting the case against the petitioner. Learned Magistrate by Annexure-A9 judgment dated 24/11/2007 acquitted accused 2 and 4. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings against the petitioner. 4. Annexure-A2 complaint and Annexure-A9 judgment in C.C.353/2004 establish that C.C.252/2007 is the case refilled against the petitioner in OR 29/2001 of Kumali Range as he was absconding when accused 2 and 4 were tried. Annexure-A6 order of Divisional Forest Officer establishes that based on an enquiry, it was decided to withdraw the case against the petitioner in three crimes including OR.29/2001. Annexure-A7 order in Crl.M.C.1720/07 establishes that based on Annexure-A6 order, this Court has already Crmc 3222/10 4 quashed C.C.351/2004 taken cognizance in OR.11/2001. In the light of Annexures-A6 and A7 orders, case against the petitioner can only be quashed. Petition is allowed. C.C.252/2007 on the file of Judicial First Class Magistrate's Court, Kattappana is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.