IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Crl.MC.No. 511 of 2009() ------------------------ CC.984/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDURG .................... PETITIONER(S): ACCUSED: ----------------------------------------- M.C.MURALEEDHARAN, S/O.M.C.KRISHNAN, MOODAMMAL HOUSE, PUTHIYAKANDAM, AJANUR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. THE STATION HOUSE OFFICER, NEELESHWAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE TAHSILDAR, HOSDURG TALUK, HOSDURG, KASARGOD DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.511 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.No.984/2008 on the file of Judicial First Class Magistrate's Court-II, Hosdrug. On the allegation that petitioner cut and removed three cashew trees from the puramboke land vested in the Government in R.S.No.363/3 of Kinanur Village, Crime No.101/2008 of Neeleshwar Police Station was registered and after investigation, Annexure-A1/6 final report was submitted, which was taken cognizance by the Magistrate under Section 3(1) of PDPP Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that subsequently, petitioner remitted the value of the cashew trees together with penalty before the Tahsildar, evidenced by Annexure-A3 receipt for Rs.16,000/- and in such circumstances, the case is to be quashed. 2. Second respondent, Tahsildar, filed a statement stating that the Village Officer, Kinanur took land CRMC 511/09 2 conservancy case (L.C.No.66/2008), as the petitioner encroached upon the Government land and cut and removed three cashew trees and a complaint was lodged before the Station House Officer, Nileswar, based on which Crime No.109/2008 was registered and later cognizance was taken by the Magistrate. It is also stated that thereafter, petitioner filed a petition before the Tahsildar owning up the responsibility and expressing his willingness to compensate the loss sustained by the Government and the land conservancy case was disposed directing the petitioner to remit Rs.4,000/-, being the loss sustained by the Government and Rs.12,000/- being the penalty, which is triple the value of cashew trees cut and removed and petitioner had remitted that amount and therefore, the loss sustained by the Government had already been realised and in such circumstances, there is no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. The case as against the petitioner is that he committed theft of three cashew trees and thereby caused loss to the State, as he cut and removed the CRMC 511/09 3 cashew trees from the puramboke land. Annexure-III receipt with the statement of Tahsildar establish that petitioner owning up the responsibly, deposited the value of cashew trees so cut and removed, together with its penalty, being the triple the value of the cashew trees. It is on that basis the concerned Tahsildar stated that there is no objection for quashing the proceedings as against the petitioner. As petitioner had already compensated the loss sustained by the Government, it is not in the interest of justice to proceed with the case. Hence, petition is allowed. C.C.No.984/2008 on the file of Judicial First Class Magistrate's Court-II, Hosdrug as against the petitioner is quashed. 17th July, 2009 (M.Sasidharan Nambiar, Judge) tkv