CARDINAL MAR GEORGE ALENCHERRY Vs. STATE OF KERALA

JUDGEMENT

(1.) A batch of seven cases have come up in relation to the alienation of properties purportedly belonging to Syro Malabar Church viz, Crl.M.C.Nos.8936/2019, 205/2020, 1409/2020, 1414/2020, 2136/2020, 2138/2020 and 9115/2019.

(2.) One Joshy Varghese had filed a complaint in C.M.P.No.5003/2018 before the Judicial First Class Magistrate, Kakkanad alleging commission of offences under Section 120 B, 406, 409, 418, 420, 423, 465, 467, 468 and 34 IPC against the Major Archbishop of Syro Malabar Church and another. After preliminary enquiry in terms of Section 202 Cr.P.C., the Magistrate took cognizance under Annexure A2 order and issued summons to the petitioner for the offences coming under the purview of Section 120 B, 406, 423 r/w Section 34 IPC. A revision was preferred against Annexure A2 order before the Sessions Court, Ernakulam under Section 397 Cr.P.C. in Crl.R.P.No.20/2019. The learned Sessions Judge dismissed the revision under Annexure A3 order. It is against the aforesaid two orders and to quash the entire proceedings, the petitioner Cardinal Mar George Alencherry, the Major Archbishop of Syro Malabar Church challenged under Section 482 Cr.P.C. in Crl.M.C.No.8936/2019.

(3.) Crl.M.C.Nos.205/2020, 1409/2020, 1414/2020, 2136/2020 and 2138/2020 were filed by Cardinal Mar George Alencherry with respect to the complaints in which he is the accused. It is submitted that the first complaint at Maradu was numbered as C.M.P.No.2/2018 wherein the learned Magistrate had directed the complainant to examine further witnesses on his behalf and this was challenged by the complainant before this court and the same ended in dismissal. The said matter is still pending consideration before the Magistrate.