IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Crl.L.P..No. 1297 of 2008() ----------------------------------- CC.27/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT,CHITTUR .................... PETITIONER/APPELLANT/COMPLAINANT ----------------------------------------------------------- MUHAMMED HANEEFA, AGED 60 YEARS, S/O.VELLA @ SHEIK MUSTHAFA, CHENTHONI HOUSE, PATTANCHERRY VILLAGE, CHITTUR TALUK. BY ADV. SMT.K.S.SAIRA MR.A.ANILKUMAR RESPONDENTS/RESPONDENTS/ACCUSED & STATE --------------------------------------------------------------------------- 1. ABDUL MAJEED, S/O.VELLA @ SHEIK MUSTHAFA, AGED 55 YEARS, VANDITHAVALAM, PATTANCHERRY, CHITTUR TALUK, PALAKKAD DISTRICT. 2. SHEIK ABDUL KHADER, AGED 62 YEARS, S/O.VELLA @ SHEIK MUSTHAFA, VANDITHAVALAM, PATTANCHERRY, CHITTUR TALUK, PALAKKAD DISTRICT. 3. DHARMARAJ, AGED 52 YEARS, S/O.LAKSHMI AMMAL, VANDITHAVALAM, PATTANCHERRY, CHITTUR TALUK, PALAKKAD DISTRICT. *4. ACHUTHAN, AGED 60 YEARS, VANDITHAVALAM, PATTANCHERRY, CHITTUR TALUK, PALAKKAD DISTRICT. (* DELETED) 5. BABU, S/O.ACHUTHAN, VANDITHAVALAM, PATTANCHERRY, CHITTUR TALUK, PALAKKAD DISTRICT. 6. PAZHANIMALA, AGED 48 YEARS, NEDUMPALLAM, PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. Crl.L.P..No. 1297 of 2008 7. MUTHU, AGED 35 YEARS, NEDUMPALLAM, PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. 8. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * FOURTH RESPONDENT/ACCUSED IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 13/08/2008 IN CRL.MA. NO.7217/2007. R8 BY PUBLIC PROSECUTOR MR.C.M. NAZAR. R2 BY ADV. SMT.M.A.ZOHRA. R1, R3 & R5 TO R7 BY ADV. MR.SANTHEEP ANKARATH. THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON 23/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. L.P. NO. 1297 OF 2008 = = = = = = = = = = = = = = = Dated this the 23rd day of June, 2009. J U D G M E N T This special leave petition is filed against the order of acquittal in C.C.27/05 of the Judicial First Class Magistrate, Chittur. The case is filed u/s 143, 147, 427 r/w S.149 of IPC. I had carefully gone through the materials available in this case. The crux of the matter is on the question of pathway and a public body like Thasildar had issued a notice whereby the complainant has been directed to remove himself from the trespassed portion of the puramboke land. It is a matter which comes within the exclusive purview of a civil litigation and therefore if a person who was using the puramboke as a pathway is prevented from using it then his attempt to avoid that nuisance would not constitute a criminal offence at all. The question whether it is a private property or a Government land etc. are more of a civil nature rather than of a criminal prosecution. I do not find any mistake committed by the learned Magistrate but I make it very clear that the rights of parties can be adjudicated as under civil law and any observation in this judgment will not stand in the way of such persons. I find no ground to grant special leave. Hence this petition is dismissed. M.N. KRISHNAN, JUDGE. ul/-