MUHAMMED TAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the second accused in the case L.P No. 64/2017 arising out of C.C No. 312/2016 on the file of the Court of the Judicial First Class Magistrate-II (Forest Offences), Manjeri. This petition is filed by him under Section 482 Cr.P.C for quashing the proceedings against him in the aforesaid case.

(2.) The case was instituted on the basis of the complaint filed by the Deputy Ranger, Karuvarakundu Forest Station against three accused in O.R No. 11/2018, alleging the offences punishable under Sections 27(1)(e)(iii) and (iv) of the Kerala Forest Act, 1961. According to the prosecution case, on 24.07.2008, the accused persons trespassed into the Kodikuthumala Government reserved forest and they destroyed the plants and trees therein and they also destroyed a shed constructed by the forest department.

(3.) The case was taken on file by the learned Magistrate as C.C No. 19/2010. The first and the third accused faced trial in that case. The petitioner herein, who is the second accused in the case, did not appear during the trial of the case. After trial, learned Magistrate found the first and the third accused not guilty of the offences alleged against them and acquitted them as per Annexure-A2 judgment. The case against the petitioner was split up and refiled as C.C No. 312/2016. Since he was absconding, after taking necessary steps, the case was transferred to long pending register as L.P No. 64/2017.