IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Crl.MC.No. 1779 of 2011() ------------------------- MC.134/2011 OF SUB DIVISIONAL MAGISTRATE, CHENGANNUR .................... PETITIONER(S): --------------------- 1. RAJEEV S.NAIR,KOCHUPARIYARATHU HOUSE, KARUVATTA SOUTH MURI, KUMARAPURAM, ALAPPUZHA DIST 2. HEMA, W/O.RAJEEV.S.NAIR, KOCHUPARIYARATHU HOUSE, KARUVATTA SOUTH MURI, KUMARAPURAM, ALAPPUZHA DIST BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING THE SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION, ALAPPUZHA DIST 2. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR, CHENGANNUR P.O., ALAPPUZHA DISTRICT-689121 3. THE VILLAGE OFFICER, KUMARAPURAM VILLAGE, KUMARAPURAM P.O.,ALAPPUZHA DISTRICT-688001 BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1779 of 2011() ------------------------------------ APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE A1. COPY OF THE ORDER IN M.C. CASE NO.134/2011 DATED 21.1.2011 ISSUED BY THE HOOURABLE SUB DIVISIONAL MAGISTRATE CHENGANNUR ANNEXURE A2. COPY OF THE REPORT OF VILLAGE OFFICER, KUMARAPURAM DATED 25.03.2011. RESPNDENT'S EXHIBITS: NIL ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 1779 OF 2011 ------------------------------------------------- DATED THIS THE 4th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioners and the learned Public Prosecutor. 2. Petitioners are respondents in M.C. No.134/2011 pending before the 2nd respondent. The said proceedings were initiated under Section 110 of the Code of Criminal Procedure. Learned counsel for the petitioners states that the allegation against the petitioners is that the petitioners were involved in illegal conversion of 30 acres of paddy land situated in re-survey Nos.450/2-3, 480/7-2, 480/2 in Block No.2 of Kumarapuram village which amounts to violation of provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and Kerala Land Utilization Order, 1967. 3. Learned counsel for the petitioners submits that if the entire allegations are accepted as true it will not constitute an offence within the meaning of Section 110 of Code of Criminal Procedure. 4. I have gone through the allegations made against the petitioners in the prosecution report submitted by the police and Crl.M.C No.1779/2011 -2- the entire allegations does not make out a case under Section 110 Cr.P.C. Therefore, I am of the view that the entire proceedings are liable to be quashed. Accordingly I quash the proceedings in M.C No.134/2001 on the file of Sub Divisional Magistrate, Chengannur. Crl. M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge