CRL.MC No. 994 of 2004 · Kerala High Court

M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.994 OF 2004-----------------------------------------------------DATED THIS THE 13th DAY OF JUNE, 2008

O R D E R This petition is filed under Section 482 of Cr.P.C. by the 1staccused in C.C.Nos.325, 334, 335 and 327 of 2003 andS.T.C.No.4260/03 before the Judicial First Class Magistrate'sCourt, Taliparamba pending against him and registered for theoffences punishable under sections 27(1)(e)(i) and 66 of the Kerala Forest Act, 1961 read with Section 3 and 4 of the KeralaPrivate Forest (Vesting and Assignment) Act, 1969.

The prayer in this petition is to quash Annexures I toV, that is, the proceedings initiated against them before the Judicial First Class Magistrate's Court, Taliparamba as per thecomplaint filed by the Kerala Forest Officials.

Heard the learned counsel appearing for the petitionerand also the learned Public Prosecutor.

It is alleged in this petition that the petitioner is thelegal heir and the only child of late P.R.Ramavarma Raja, who CRL.M.C.No.994/04 -2-filed O.A.No.90/79 before the Forest Tribunal, Palakkad for adeclaration that 348 acres of cardamom plantation in R.S.No.292/1Adoes not vest with the Government being a plantation and exemptedunder the Act. That O.A. was disposed of by the Tribunal againstwhich M.F.A.No.658/90 was filed before this Court. As per judgmentdated 16.1.1991, this Court remanded the case back to the Tribunalfor fresh consideration as per Annexure VI order. Pursuant to theremand, the Tribunal considered the matter afresh and as per orderdated 16.10.1995, disposed of the petition which was challenged bythe father of the petitioner by filing M.F.A.No.595/96 before this Court. The State has also preferred M.F.A.No.177/97. M.F.A.No.595/96 wasfound against the petitioner's father. Subsequently, the matter hasbeen taken before the Hon'ble Supreme Court which found against thepetitioner herein as represented by the learned counsel appearing forthe petitioner. Pending those proceedings. the above cases, that is, Annexures I to V, has been lodged against the petitioner herein andthree other accused which is sought to be quashed under Section 482of Cr.P.C.

On a perusal of Annexures I to V., that is C.C.Nos.325,334, 335 and 327 of 2003 and S.T.C.No.4260/03, it is revealed that all CRL.M.C.No.994/04 -3-those proceedings were initiated against the petitioner herein andother accused for offences punishable under sections 27(1)(e)(i) and66 of the Kerala Forest Act, 1961 read with Section 3 and 4 of the Kerala Private Forest (Vesting and Assignment) Act, 1969 and thematter is pending before the Judicial First Class Magistrate's Court, Taliparamba. The representation made by the learned counselappearing for the petitioner that the petitioner is a widow aged 74years and is suffering from various ailments and that if the proceedingsare permitted to be proceeded with against the petitioner, it will causeserious prejudice and difficulties to the petitioner cannot be taken assufficient ground to quash the proceedings pending against thepetitioner herein before the competent Magistrate Court.

When exercising jurisdiction under Section 482 of Cr.P.C.,this Court cannot make an enquiry whether the evidence in question isreliable or not or whether on a reasonable appreciation of it, accusation would not be sustained. That is the function of the trialJudge. The Magistrate has already taken cognizance of the offencesand initiated proceedings against the petitioner herein and otheraccused as revealed from Annexures I to V. I find no circumstance toquash the above proceedings as alleged in this petition. Therefore, CRL.M.C.No.994/04 -4-this Court cannot exercise the inherent power envisaged under Section482 of Cr.P.C. in this matter. In the result, this Crl.M.C. is dismissed.M.C.HARI RANI, JUDGE.dsn