TINU V R Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these Criminal Miscellaneous Cases face indictment in a prosecution interalia for offences punishable under Sections 447 and 506(II) read with 149 I.P.C. The crux of the allegations is that they trespassed into the properties of the defacto complainant and indulged in wanton acts of mischief causing damage/destruction to the trees standing in the property. The alleged incident took place on 14/4/2006. A complaint was filed and the F.I.R was registered only on 04/05/2006. The complainant, in the F.I.statement, explained why there was such delay in filing the complaint. The police registered an F.I.R, conducted the investigation and filed the final report making allegations against all the petitioners - nine accused in all. Cognizance was taken by the learned Magistrate. The petitioners have appeared before the learned Magistrate. They have come to this court with the prayer that the prosecution initiated against them may be quashed by invoking the powers under Section 482 Cr.P.C.

(2.) What are the reasons? Various contentions are raised by the learned counsel for the petitioners. First of all, it is contended that as per the minutes of the Gramma Panchayat Committee at its meeting held on 09/03/2006, the present controversy was referred to a Sub Committee consisting of members. It is in pursuance of the decision of the Said Committee that the pathway in question was cleared and some of the trees were cut and removed.

(3.) Annexure A5 is the copy of the minutes. The said copy cannot be held to show that sub committee or any member or anyone acting at the behest of the Sub Committee had been authorised to indulge in the alleged offences committed under Sections 447 and 506(II) I.P.C. The alleged decision of the Panchayat Committee, a copy of which is produced as Annexure A5 cannot, in these circumstances persuade this court to invoke the powers under Section 482 Cr.P.C. The delay from 14/4/2006 to 4/5/2006 to file F.I statement is explained by the petitioners in the F.I.statement and before the police. Such delay in filing the complaint - whether the reasons can ultimately be accepted or not - cannot certainly justify quashing of the proceedings by invoking the powers under Section 482 Cr.P.C.