IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Crl.MC.No. 4423 of 2008() ------------------------- CC.33/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I,OTTAPPALAM .................... (O.R.NO.2/2004 OF FOREST RANGE OFFICER, OTTAPPALAM) PETITIONER(S): ACCUSED 1 TO 4: --------------------------------------------------- 1. ZAKEER, S/O.A.M.MOHAMMED, THACHIYATH HOUSE, KARIMPUZHA AMSOM DESOM, OTTAPPALAM TALUK. 2. SHAMEERA, D/O.KUNHIMOHAMMED HAJI, KOLOTHUPARAMBU HOUSE, AMAYOOR DESOM, KOPPAM AMSOM, OTTAPPALAM TALUK. 3. ABDUL SALAM, S/O.KUNHIMOHAMMED HAJI, KOLOTHUPARAMBU HOUSE, AMAYOOR DESOM, KOPPAM AMSOM, OTTAPPALAM TALUK. 4. FAIZAL, S/O.KUNHIMOHAMMED HAJI, KOLOTHUPARAMBU HOUSE, AMAYOOR DESOM, KOPPAM AMSOM, OTTAPPALAM TALUK. BY ADV. MR.M.C.JOHN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE FOREST RANGE OFFICER, OTTAPPALAM. BY PUBLIC PROSECUTOR MR. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== CRL.M.C. No.4423 OF 2008 ===================== Dated this the 12th day of February 2009 O R D E R This petition is filed with a prayer to quash Annexure II final report and Annexure III series of summons in C.C.No.33 of 2008 of the Judicial I Class Magistrate Court, Ottappalam. Petitioners are arrayed as accused 1 to 4 in OR 2/2004 which has become C.C.No. 33 of 2008 with the allegation that they have violated the mandatory provisions of Section 5 of the Kerala Preservation of Trees Act, 1986. Section 5 of the Act prohibits cutting of trees from the private forest except on certain grounds and further that the definition of private forest means any land to which applied immediately before the appointed day, i.e. 10th May, 1971 was a private forest. In order to adjudicate this case, it has to be found out whether the trees had been cut and removed from the private forest from an area which is prohibited by notification and further whether Section 5(1) Exceptions (a) and (b) would come into play, etc. All these matters require consideration and it is too early a stage to quash the proceedings. Therefore, I decline to quash the proceedings. But, at the same time, I direct the learned Magistrate CRL.MC 4423/2008 -:2:- to consider exemption petitions filed by these petitioners sympathetically and proceed with the trial in accordance with law. I make it very clear that I have not expressed any opinion on the merits of the case. CRL.MC is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-