Kerala High Court
S.Sreerajan vs State Of Kerala on 26 May, 1995
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
MONDAY,THE 13TH DAY OF JANUARY 2014/23RD POUSHA, 1935
Crl.MC.No. 434 of 2014 ()
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(C.C.No. 186/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,NEDUMKANDOM)
(CRIME NO. 215/2008 OF SANTHANPARA POLICE STATION , IDUKKI)
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PETITIONER/ACCUSED NO.6:
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S.SREERAJAN, AGED 49 YEARS,
S/O.SREEDHARAN NAIR, SREEPAYAM, EARAM MIDDLE,
CHATHANNOOR, KOLLAM.
BY ADV. SMT.I.SHEELA DEVI
RESPONDENT:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. S.HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 13-01-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
vs
Crl.MC.No. 434 of 2014 ()
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APPENDIX
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PETITIONER'S EXHIBITS
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ANNEXURE-A1 COPY OF CIRCULAR NO.B1-16891/95 DATED 26.5.1995 ISSUED
BY THE BOARD OF REVENUE.
ANNEXURE-A2 COPY OF THE ORDER G.O.(RT)2790/95/RD DATED 26.7.1995
ISSUED BY THE GOVERNMENT.
ANNEXURE-A3 COPY OF THE CIRCULAR NO.SY.G1-12133/2007 DATED
5.10.2007 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE-A4 COPY OF THE CIRCULAR NO.J1-21958/09 DATED 15.10.2009
ISSUED BY THE 2ND RESPONDENT.
ANNEXURE-A5 COPY OF THE FINAL REPORT IN C.C.186/2011 OF THE FILES
OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
NEDUMKANDOM.
RESPONDENT(S)' EXHIBITS : NIL
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// TRUE COPY //
P.S. TO JUDGE
vs
HARUN-UL-RASHID, J.
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Crl.M.C No.434 Of 2014
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Dated this the 13th day of January, 2014.
O R D E R
Petitioner is the 6th accused in C.C.No.186/2011 on the file of the Judicial First Class Magistrate Court, Nedumkandam in Crime No.215/CR/KTM/08 of CBCID, Kottayam. The offences alleged in the crime are punishable under Sections 465, 467, 468, 471, 447, 218, 420, 120(B) r/w 34 IPC. The crime was registered based on a private complaint alleging fabrication of documents thereby Government's land has been made available for patta. Final Report speaks about the involvement of the accused in the case. Crl.M.C is filed seeking to quash Annexure-A5 Final Report.
2. The learned counsel for the petitioner submits that the dispute in the above case arose out of an allegation that the petitioner had connived with other accused for preparing a forged document. The petitioner being the surveyor in the Department of Survey had prepared the survey sketch based on the sale deed and other documents. It is pointed out that the survey authorities have got a duty to correlate the survey sketch and not to add any property in others name. It is also submitted that the petitioner, ::2::
Crl.M.C.No.434 Of 2014 being a surveyor on the date, had signed the papers which were handed over to him by the office and that he was discharging his duties in his official capacity. It is contended that even if the whole allegations in the final report are taken as true (not admitted) still it does not disclose case against the petitioner.
3. I have examined the materials produced before this Court. No sustainable grounds are made out for granting the relief sought for in the Crl.M.C at this stage.
Accordingly, the Crl.M.C is disposed of without prejudice to the right of the petitioner to prefer a petition for discharge. In the event of the petitioner filing a petition for discharge within a period of three weeks from today, the learned Magistrate shall consider the same and pass appropriate orders within a period of three months from the date of filing of the discharge petition. Personal appearance of the petitioner is dispensed with during the pendency of the discharge petition.
HARUN-UL-RASHID, Judge.
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