FRANKLIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.2, 3, 5, 6 and 7 in C.C.No.690 of 1997 pending before the Chief Judicial Magistrate's Court, Ernakulam. The case originated from Crime No. 491 of 1984 of the CBCID Police Station, Ernakulam, registered for offences under Sections 466, 468, 471A, 420 read with 34 of IPC against the petitioners and two others. The gist of the prosecution allegation is as follows; The petitioners' along with A1 and A4 were the owners of immovable property admeasuring 2 acres and 28 cents comprised in Sy.Nos.330/3 and 330/4 of Elamkulam Village in Kanayannoor Taluk in Ernakulam District. They had voluntarily surrendered the land to the GCDA for its Elamkulam Road Project, by executing surrender kaichits. After receiving Rs.75,000/- as advance compensation towards land value, accused 1 to 7 entered into a conspiracy with A8 and A9, officials in the Office of the Land Acquisition Tahsildar attached to the Greater Cochin Development Authority (GCDA), and altered the surrender kaichits from the Office of the Special Tahsildar, by reducing the extent of land surrendered from 2 acres 28 cents to 1 acre 14 cents. It is alleged that the corrections were made on the basis of a criminal conspiracy entered into between the landowners and officials of the GCDA, resulting in pecuniary loss to the GCDA.

(2.) The facts, leading up to registration of the crime, are as under;

(3.) The accused unsuccessfully challenged the criminal proceedings at different stages. Finally, the court framed the charge against them on 23.11.2006, for offences under Sections 120B , 405 , 468 , 511 of 420 read with 34 of IPC . Crl.R.P is filed seeking to set aside the charge, contending that even accepting the entire evidence, the prosecution failed to make out the offences alleged and therefore, the trial court grossly erred in framing charge for the said offences.