SOSAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused Nos.1 to 3 in C.C.No.3869/2014 on the files of the Judicial First Class Magistrate Court-III, Thrissur, have filed this petition under Sec. 482 of the Code of Criminal Procedure, 1973(in short, 'Cr.P.C.') to quash the proceedings in the said case.

(2.) The petitioners were earlier booked by the Assistant Wildlife Warden, Peechi-Vazhani Wildlife Sanctuary for the commission of offence under Sec. 6(3) of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005, in connection with the cutting and removal of two teakwood trees which existed in the land over which their predecessor-in-interest had obtained patta. The petitioners challenged the above prosecution proceedings by instituting Crl.M.C.No.1151/2008 before this Court. As per the judgment dtd. 4/6/2008, this Court allowed the above petition and quashed the proceedings in that case. However, it was made clear in the aforesaid judgment that the Forest Department will be at liberty to take appropriate further action against the petitioners under the Forest Act, and that the petitioners shall be liable to compensate the Government or Forest Department if ultimately it is found that the trees in question were cut from Reserved Forest.

(3.) The Investigating Agency, thereafter filed a report dtd. 24/9/2008 before the Jurisdictional Magistrate informing that prosecution proceedings commenced against the petitioners for the offences under Ss. 2(e)(k), 27(1)(e)(iii)(iv), 52 and 61(a) of the Forest Act, 1961. The petitioners challenged the above report by filing Crl.M.C.No.4684/2008 before this Court. As per the order dtd. 6/12/2012, this Court dismissed the above petition with the observation that the judgment dtd. 4/6/2008 of this Court in Crl.M.C.No.1151/2008 had reserved the right of the Forest Department to take further action against the petitioners, and hence the challenge raised against the report dtd. 24/9/2008 booking the petitioners for the commission of offences under Ss. 2(e)(k), 27(1)(e)(iii)(iv), 52 and 61(a) of the Forest Act, is devoid of merit.