Kerala High Court
V.C James vs David John on 27 May, 2025
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.No.4057/25
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
CRL.MC NO. 4057 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.142 OF 2023
OF CHIEF JUDICIAL MAGISTRATE, THODUPUZHA
PETITIONER S:
1 V.C JAMES,
AGED 60 YEARS
FORMER SECRETARY, IDUKKI DISTRICT RIFLE
ASSOCIATION, MUTTOM, IDUKKI, S/O CHACKO,
VALIYAKUNNEL HOUSE, AVOLI P.O, ANIKKAD,
MUVATTUPUZHA., PIN - 686671
2 DEVASSIA KURIAN,
AGED 65 YEARS
S/O KURIAN, VELANKUNNEL ESTATE, CHITTILENCHERI
P.O, PALAKKAD, PIN - 678704
3 SUNNY THOMAS,
AGED 76 YEARS
S/O THOMAS, MEKKATTU HOUSE, UZHAVUR P.O,
KOTTAYAM, PIN - 686634
4 P.O OOMEN,
AGED 65 YEARS
S/O P.T OOMEN, PULIMATTATH HOUSE, MAIN ROAD,
KALPETTA, WAYANAD, PIN - 673121
Crl.M.C.No.4057/25
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BY ADVS.
V.JOHN SEBASTIAN RALPH
VISHNU CHANDRAN
RALPH RETI JOHN
APPU BABU
GIRIDHAR KRISHNA KUMAR
GEETHU T.A.
APOORVA RAMKUMAR
MARY GREESHMA
RESPONDENTS:
1 DAVID JOHN,
AGED 45 YEARS
JOINT SECRETARY, KERALA STATE RIFLE ASSOICATION,
PUTHUKADAN HOUSE, CHEROOR ROAD, THRISSUR, PIN -
680020
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADVS.
B.K.GOPALAKRISHNAN
P.V.VINIL
OTHER PRESENT:
SRI. G. SUDHEER, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 27.05.2025, THE COURT ON 31.01.2025 PASSED THE
FOLLOWING:
Crl.M.C.No.4057/25
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V.G.ARUN, J
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Crl.M.C.No.4057 of 2024
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Dated this the 27th day of May, 2025
ORDER
Petitioners are accused Nos.1 to 4 in C.C.No.142/2023 on the files of the Chief Judicial Magistrate Court, Thodupuzha. The case originated from Annexure 3 private complaint filed by the 1st respondent alleging commission of offences punishable under Sections 415, 417, 420, 464, 465, 468 and 120B read with 34 IPC. The essential facts are as under;
The Kerala State Rifle Association (for short 'KSRA') is the organisation that governs the sport of rifle shooting in the State of Kerala and is affiliated to the National Rifle Association of India. The President of the KSRA is the Inspector General of Police, Police Headquarters, Thiruvananthapuram. The other office bearers of the Association are elected every four years Crl.M.C.No.4057/25 4 2025:KER:37241 from among the members of the General Body. The main allegation against the petitioners is that, during 2017, they forged the letter pad of the KSRA and nominated themselves to participate in the election to the National Rifle Association of India. An earlier complaint filed by the 1 st respondent with the very same allegation was forwarded to the police for investigation and Crime No.516 of 2019 registered at the Muttam Police Station for offences under Sections 415, 417, 420, 464, 465, 468 and 120B read with 34 IPC. The police, after investigation, filed Annexure 1 final report finding the allegations to be false and requested the court to refer the case accordingly. Thereupon, the 1 st respondent filed Annexure 4 protest and the Chief Judicial Magistrate, Thodupuzha took cognisance of the offences.
2. Heard, Advs. S John Sebastian Ralph for the petitioners, B.K. Gopalakrishnan for the 1st respondent and Adv.G.Sudheer, the Public Prosecutor for the State.
3. Learned counsel for the petitioners submitted that the Crl.M.C.No.4057/25 5 2025:KER:37241 1st respondent was the Joint Secretary of the KSRA and the complaint is motivated by personal animosity. The letter pad used by the KSRA from 20.04.2016 onwards was approved in the meeting held on 02.05.2016. The earlier investigation had revealed that the complainant himself had prepared the letter pad and the petitioners were duly nominated by the general body of the KSRA to represent the State in the National Rifle Association. Investigation also revealed that the minutes of the KSRA meeting dated 31.03.2016, pertaining to the decision regarding the nomination of the petitioners, was not cancelled at any point of time. Moreover, the National Rifle Association had no complaint regarding the petitioner's participation in its meetings, as nominated by the KSRA. Therefore, the court below committed gross illegality by taking cognisance of the offences and issuing summons, without adverting to the refer report. In support of the contention, reliance is placed on the decision in Parameswaran Nair v. Surendran and Another [2009 (1) KLT 794].
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4. Learned counsel for the 1st respondent submitted that the petitioners and certain other office bearers had indulged in large scale misappropriation and manipulation of records, resulting in registration of numerous crimes against them. The complaint in the present case was accepted on file by the learned Magistrate after examining the 1 st respondent and witnesses under Section 202 of Cr.P.C. Thus, only upon reaching the satisfaction that a prima facie case is made out against the accused, the complaint was taken on file. Referring to the decision in Palanitkar v. State of Bihar [AIR 2001 SC 2960], it is contended that 'sufficient grounds' in Section 204 of Cr.P.C means satisfaction of the court that a prima facie case is made out and not the sufficient ground required for conviction.
5. Although detailed arguments are advanced by the learned counsel on either side, for the purpose of deciding whether the court below was justified in taking cognisance of the offences and issuing process, it is not essential to delve into Crl.M.C.No.4057/25 7 2025:KER:37241 those factual contentions. Indisputably, the earlier investigation into the very same allegation, culminated in Annexure 1 final report finding the allegations to be false. In Annexure 1, the reasons for finding the allegations to be baseless are discussed in detail. Surprisingly, in the impugned order, there is no mention about the refer report and the only finding is that the complainant has made out a prima facie case. The above procedure does not satisfy the requirement of the Magistrate forming the opinion that there is sufficient ground to proceed, which is fundamental to Section 204 of the Cr.PC. The legal position in this regard is succinctly laid down by this Court in Parameswaran Nair (supra), the relevant portion of which reads as under;
"16. If Magistrate finds that in spite of all the objections raised, the final report is to be accepted he can accept it and drop the proceeding. At that stage Magistrate can entertain a second complaint. But such a complaint will lie only if there was manifest error or manifest miscarriage of justice or new facts which the complainant had no knowledge of or with reasonable diligence could not have brought forward in the previous proceedings. The Magistrate cannot therefore ignore the final Crl.M.C.No.4057/25 8 2025:KER:37241 report altogether and consider only the protest complaint and the sworn statement of the witnesses record in that enquiry."
For the aforementioned reasons, the Crl.M.C is allowed. The Chief Judicial Magistrate, Thodupuzha is directed to reconsider CMP No.1096 of 2020 and pass reasoned order thereon, strictly in accordance with Section 204 of Cr.P.C. For that purpose, further proceedings in C.C.No.142/2023 on the files of the Chief Judicial Magistrate Court, Thodupuzha are quashed.
Sd/-
V.G.ARUN, JUDGE sj Crl.M.C.No.4057/25 9 2025:KER:37241 APPENDIX OF CRL.MC 4057/2024 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME 516/2019 OF MUTTOM POLICE STATION DATED 16.03.2020 Annexure 2 TRUE COPY OF THE FIR IN CRIME NO.
516/2019 OF MUTTOM POLICE STATION Annexure 3 CERTIFIED COPY OF THE COMPLAINT IN CMP 5135/2019 FILED BY THE DEFACTO COMPLAINANT THAT CULMINATED IN REGISTRATION OF THE FIR DATED 22.11.2019 Annexure 4 CERTIFIED COPY OF THE PROTEST COMPLAINT IN C.C NO. 142/2023 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA DATED 24.06.2020 RESPONDENT ANNEXURES Annexure R1(a) A copy of Order No.F.11-4/74SP.I issued by Joint Secretary to the Government of India dated 20/9/1975 addressed to Indian Olympic Association and National Sports Federations/Associations Annexure R1(c) A copy of the statement of accounts for the period from 11/11/2013 to 22/4/2016 issued by by South Indian Bank Limited, Palakkad Branch Crl.M.C.No.4057/25 10 2025:KER:37241 Annexure R1(d) A copy of balance sheet as on 31/3/2015 duly signed by its Secretary and Treasurer Annexure R1(e) A copy of the minutes of extra ordinary general body meeting of KSRA on 31/3/2016 Annexure R1(f) A copy of the minutes of general body meeting of KSRA on 8/2/2019 Annexure R1(g) A copy of the mail to the Secretary (ad-hoc) dated 20-4-2016 Annexure R1(h) A copy of the email originated by the 1st petitioner Annexure R1(i) A copy of the minutes of the meeting of the ad-hoc committee of KSRA held on 2/5/2016 Annexure R1(j) A copy of the email dated 13/5/2016 originated by the Treasurer of ad-hoc committee of KSRA to the President and all ad-hoc committee members Annexure R1(k) A copy of the email dated 14-5-2016 Annexure R1(l) A copy of the letter dated 30/5/2017 and 31/5/2017 Annexure R1(m) A copy of letter from P.O. Oommen to Secretary, Wayanad District Rifle Association dated 21-3-2016 Crl.M.C.No.4057/25 11 2025:KER:37241 Annexure R1(n) A true copy of the Election Notification dated 30-3-2016 issued by RDO, Returning Officer Annexure R1(o) A copy of Application dated 17-8-2019 and its reply under RTI Act dated 17-9- 2019 along with the attached letter head Annexure R1(p) A copy of the minutes of General body meeting of KSRA dated 30-12-2015 Annexure R1(r) A copy of the list of nominated candidates for election for the year 2017-2021 prepared by NRAI Annexure R1(s) A copy of the common order in CMP 2823/17, CMP 6181/17 and RC 5/17 in Crime No.1801/2015 dated 12/12/2017 passed Hon'ble CJM, Thiruvananthapuram Annexure R1(t) A copy of FIR No.10/2018 dated 2/1/2018 Annexure R1(u) A copy of the DO letter No.8-13/2012- SPIII 251 dated 4/5/2018 send by Union Minister to Chief Minister of Kerala Annexure R1(v) A copy of FIR No.672/2019 dated 19/7/2019 Annexure R1(w) A copy of FIR No. 451/2022 dated 25-6- 2022 Annexure R1(x) A copy of FIR No. 525/2019 dated 1-12- 2019 Crl.M.C.No.4057/25 12 2025:KER:37241 Annexure R1(y) A copy of the complaint dated 9-11-2017 lodged by the 1st respondent before the SHO, Muttom Police Station against the petitioners Annexure R1(z) A copy of the complaint by email dated 10/11/2019 to the District Police Chief, Idukki by the 1st petitioner Annexure R1(q) A copy of the notice of withdrawal of candidature for election as Honorary Secretary by the 1st petitioner dated 4-7-2017 Annexure R1(b) A copy of the minutes of election general body meeting held on 15/5/2013 by KSRA PETITIONER ANNEXURES Annexure 5 TRUE COPY OF THE REPORT DATED 27.08.2021 FILED BY MR. MANOJ ABRAHAM IPS, THE EX-OFFICIO PRESIDENT OF THE KERALA STATE RIFLE ASSOCIATION IN WP(C) 30679/2019 Annexure 6 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) 30679/2019 DATED 14.11.2022