STATE OF KERALA Vs. SHAJI

JUDGEMENT

(1.) This Revision is directed against the order passed by the Judicial First Class Magistrate - I, Idukki in CMP Nos. 1689/2012 & 1690/2012 in CC No. 345/2010. The Revision Petitioner herein is the Complainant in OR No. 1/2009 of Nagarampara Police Station in Neriamangalam Forest Range and respondents herein are the accused Nos. 2 and 3 in the above occurrence. The offence alleged against the respondents and accused Nos. 1, 4, 5 and 6 are punishable under S.27(1)(e) of the Kerala Forest Act, 1961.

(2.) According to the Prosecution on 23/04/2009 the accused trespassed into Enippara Bhagom of Nagarampara Reserve Forest, cut and removed a portion of a rosewood tree and thereby caused a loss to the State Government. On 23/04/2009, the Deputy Ranger, Nagarampara Forest Station prepared Form - I report and submitted before the concerned Judicial First Class Magistrate Court. The 5th accused was arrested on 16/05/2010. The other accused could not be arrested and Form - II report (Final Report) was filed before the Judicial First Class Magistrate Court on 21/05/2010. The learned Magistrate took cognizance of the offence and issued summons to the accused. The accused Nos. 1 to 5 took bail from the Magistrate.

(3.) On receipt of the final charge, the learned Magistrate served summons to all the accused. The accused Nos. 2 and 3, who are the respondents herein filed petitions under S.239 of the CrPC stating identical contentions for discharging them from the charge for which the prosecution has been initiated against them. The respondents herein are not the accused in the said final charge. As per the final report the name and address of the 2nd accused is mentioned as Shaji, S/o. Mathew, aged 28 years, Parayil House, Pazhayari - Kadukkakandam, Kanjilkuzhy Panchayath, Thodupuzha Taluk and the name and address of the 3rd accused is shown as Sajikumar, S/o. Sankaran, Thazhathethil House, Pazhayari - Kadukkakandam, Kanjikuzhy Panchayath, Thodupuzha Taluk. The warrant which had been issued against them returned with an endorsement that the accused Nos. 2 and 3 are absconding. Thus the Forest Officials could not produce the persons against whom warrant had been issued as the 2nd and 3rd accused before the Court. At that juncture, the Forest Officials started a false and illegal attempt to substitute and produce the respondents herein as the 2nd and 3rd accused in lieu of the real and original accused Nos. 2 and 3 in the charge, against whom they failed to execute warrant. The Forest Range Officer filed Annexure - II report stating that correct address of the accused Nos. 2 and 3 are different. According to the Forest Range Officer, the correct address is Shaji, S/o. Narayanan, Vazhappallil House, Kudukkandom Bhagam, Pazhayarikandom and Saji, S/o. Scaria, Vattukunnel House, Kudukkandom Bhagam, Pazhayarikandom P. O.