IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Crl.MC.No. 2391 of 2010() ------------------------- (AGAINST OR.8/2010 ON THE FILE OF THE JFCM KOTHAMANGALAM) PETITIONERS: ACCUSED ---------------------- 1. KURIAKOSE,S/O.VARGHESE,AGED 50 YEARS, NEDUMPARAMBIL,NAJAYAPPILLY KARA,KUTTAMBUZHA VILLAGE,KOTHAMANGALAM TALUK,ERNAKULAM DISTRICT. 2. THENKAMMA @ JOSEPHENA,W/O.LATE CHACKO, AGED 70 YEARS,POTTAKKAL HOUSE,KOOVAPARA KARA, KUTTAMBUZHA VILLAGE,KOTHAMANGALAM TALUK, ERNAKULAM. 3. BIJU,S/O.KRISHNAN KUTTY,AGED 40 YEARS, PULLIPARAMBIL,KOOVAPPARA POST,KUTTAMBUZHA VILLAGE, KOTHAMANGALAM TALUK,ERNAKULAM. 4. JAMAL,S/O.MOHAMMED,AGED 40 YEARS, VARIKKATTU HOUSE,NELLUKUZHA POST,ERAMALLOOR VILLAGE KOTHAMANGALAM TALUK, ERNAKULAM. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: COMPLAINANT -------------------------- 1. THE DEPUTY RANGER,POOYAMKUTTY FOREST STATION, KUTTAMBUZHA RANGE,MALAYATTOOR DIVISION, ERNAKULAM DISTRICT. 2. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ENAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2391 of 2010 -------------------------------------- Dated this the 30th day of June, 2010 ORDER Petitioners, who are the accused in OR No.8/2010 on the file of Pooyamkutty Forest Station for offences punishable under Sections 52 Kerala Forest Act, 1961 and Rule 7 of the Kerala Forest (Prohibition of Trees Standing on Land Temporarily or Permanently Assigned) Rules, 1995, seek to quash Annexure-A6 and all further proceedings. 2. It is too early for this Court, in a petition under Section 482 Cr.P.C, to consider whether the case against the petitioners is prima facie false and that the OR Proceedings are liable to be quashed or whether the investigation is liable to be stayed. In case the Forest Range Officer, after investigation, files a final report charge-sheeting the petitioners and in case grounds exist to assail the charge sheet, the petitioners may work out their remedies by moving the appropriate court. This Crl.M.C is disposed of directing the investigating officer not to unnecessarily harass the petitioners during investigation. Dated this the 30 th day of June, 2010 . V.RAMKUMAR, JUDGE skj