JAMAL Vs. PEROOR DEVELOPERS PRIVATE LIMITED

JUDGEMENT

(1.) The accused in Crime No.806/2020 and Crime No.1079/2020 of Njarakkal Police Station have filed these petitions under Sec. 482 of the Code of Criminal Procedure, 1973(in short, 'Cr.PC'), to quash the F.I.Rs.and proceedings initiated against them consequent to the registration of the aforesaid crimes. The offences involved in Crime No.806/2020 are under Ss. 379, 420, 468 and 506 read with Sec. 34 of the Indian Penal Code, 1860 (in short, 'IPC'). In Crime No.1079/2020, the offences slapped against the petitioners are under Ss. 120B, 420, 379, 448, 341 and 506 read with Sec. 34 of IPC. The de facto complainant in both these crimes, a private company represented by its authorised officer, is arraigned as the first respondent in these petitions.

(2.) The prosecution case is summarised as follows: An extent of 16 Acres of land in Elamkunnapuzha Village in Kochi Taluk remains under the exclusive possession and enjoyment of the first respondent company from the year 2007 onwards. Fish farming and prawn cultivation are being conducted in the aforesaid land. Accused Nos.1 to 4, who are the representatives of a Society/Samajam by name Kattachal Shrimp Farmers Samajam, Elamkunnapuzha, misrepresented themselves as the owners of the above said 16 Acres of land which belonged to the first respondent company, and illegally auctioned the products of the farming being conducted in that property, and gained unjust enrichment to the tune of Rs.1,50,00,000.00. Though the authorised representative of the first respondent company questioned the above activity and demanded back the auctioned amount received by the petitioners, they did not oblige. In the month of August, 2019, the petitioners again resorted to the auction of the above land belonging to the first respondent by creating forged documents, and attempted to encroach a major portion of the said property. When the authorized representative of the first respondent company requested to stop the above illegal activities, and to hand over the income reaped out of the company's aqua cultivation, the petitioners criminally intimidated him. Crime No.806/2020 has been registered by the Njarakkal Police consequent to a complaint preferred by the authorised representative of the first respondent company before the District Police Chief, Ernakulam, in connection with the aforesaid incident which happened in the month of August, 2020. Again, on 10/9/2020, when the authorised representative of the first respondent company reached the above property to start the prawn farming activities, the petitioners stopped him and prevented him from entering into the said property. There again the petitioners trespassed into the first respondent's land, took the yield against the protest of the authorised representative of the first respondent, and criminally intimidated him. Crime No.1079/2020 was registered by the Njarakkal Police Station on the basis of a complaint preferred by the authorised representative of the first respondent company before the District Police Chief, Ernakulam, in connection with the aforesaid incident which is said to have happened on 10/9/2020.

(3.) As per the F.I.R registered in Crime No.806/2020, the period of commission of the offences mentioned thereunder was from 1/1/2007 to 4/6/2020. In the F.I.R registered in Crime No.1079/2020, the period of commission of the offences mentioned thereunder was from 1/1/2004 to 10/9/2020. Thus, it is apparent from the aforesaid First Information Reports registered in these cases, that the grievance of the de facto complainant pertains to their exclusion and denial of the income from the 16 Acres of land which they owned, for a continuous period of 13 to 16 years.