CRL.MC No. 725 of 2012 · Kerala High Court
Case at a glance
- Bench
- S S SATHEESACHANDRAN, P A JUDGEJV S S SATHEESACHANDRAN
Outcome
Dismissed
Subject to the above observation, the petition is dismissed
Provisions considered
Judgment
Crl.MC.No. 725 of 2012 (A)4.STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031.*ADDL.R5 & R6 IMPLEADED5.THE DISTRICT COLLECTOR, IDUKKI – 685 6026.THE TAHSILDARDEVIKULAM – 685 613*ADDL.R5 & R6 ARE IMPLEADED AS PER ORDER DATED 06.06.2012 IN CRL.M.A 2359/2012 IN CRL.M.C.725/2012 BY SPL.PUBLIC PROSECUTOR SRI.M.P.MADHAVANKUTTY, FOREST DEPARTMENT THIS CRIMINAL MISC.CASE HAVING COME UP FOR ADMISSION ON 03-09-2012,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:JV Crl.MC.No. 725 of 2012 (A) APPENDIX PETITIONER'S ANNEXURE:==================== ANNEXURE ACOPY OF THE FORM NO.1, OCCURRENCE REPORT DATED 2/1/2012 WHICH IS TAKEN COGNIZANCE AS O.R.NO.1/2012BY JUDICIAL MAGISTRATE I CLASS, DEVIKULAM UNDERSECTION 52 OF THE ACT. ANNEXURE BCOPY OF THE PASS, ALONG WITH TAX RECEIPT DATED2/1/2012. ANNEXURE CCOPY OF THE PASS ALONG WITH TAX RECEIPT DATED 2/1/2012. ANNEXURE DCOPY OF THE PATTA ISSUED TO SRI.KALI DATED29/12/2001.
ANNEXURE ECOPY OF THE ORDER DATED 15/6/2011 IN CRMC.1594/2011 OF THIS HON'BLE COURT. ANNEXURE FCOPY OF THE PROCEEDINGS NO.G1-39010/93 DATED 20.10.1993 ISSUED BY THE DISTRICT COLLECTOR, IDUKKIRESPONDENTS' ANNEXURE: ===================== ANNEXURE R1(a)COPY OF MAHAZAR DATED 03.01.2012 ANNEXURE R1(b)COPY OF NOTIFICATION PUBLISHED IN THE KERALA GAZETTEDATED 21.12.1920 /TRUE COPY/P.A.TO JUDGEJV S.S.SATHEESACHANDRAN, J.-----------------------------------------------Crl.M.C No.725 OF 2012-------------------------------------------------------Dated this the 3rd day of September, 2012ORDERPetitioners are the accused in O.R No.1 of 2012 on the file of Judicial First Class Magistrate, Devikulam. The aboveOccurrence Report has been numbered on a complaint given by the first respondent alleging offence under Section 52 of the Kerala Forest Act, 1961 against the petitioners/accused. Investigation over that Occurrence Report is now in progress.
Operative part
At this stage, the petitioners have filed the above petition to quash the proceedings against them invoking the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure.2. After hearing the learned counsel for the petitioners and learned Special Government pleader (Forest), and also looking into the materials produced with the petition, I find, exercise of inherent power of this court, at this stage, when the investigation over the offence covered by the Occurrence Crl.MC No.725/20122Report is in progress, is not called for. If at all the petitioners have got any sustainable ground to impeach the proceedings against them they can do so in the event of any final report is filed indicting them of any offence under the Forest Act after investigation, before the competent forum. Subject to the above observation, the petition is dismissed.vdv S.S.SATHEESACHANDRAN, JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Subject to the above observation, the petition is dismissed
Which statutory provisions did this judgment involve?
theKerala Forest Act, 1961 — s. 52.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.