Kerala High Court
B.Reghuram Shetty vs State Of Kerala on 22 June, 2023
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 22nd day of June 2023 / 1st Ashadha, 1945
CRL.MC NO. 1574 OF 2023
CC 606/2021 COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS -V, TVM (SPECIAL COURT-
MARKLIST CASES), THIRUVANANTHAPURAM
PETITIONER/4TH ACCUSED:
B.REGHURAM SHETTY, AGED 80 YEARS, S/O. SHAMBU SHETTTY,
CHAIRMAN,GOD'S OWN COUNTRY HEALTH RESORT INTERNATIONAL PVT.LTD.,
DEVASWOM BOARD JUNCTION, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003
RESPONDENT/COMPLAINANTS:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2. THE VILLAGE OFFICER ATTIPPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695583
This Criminal misc. case coming on for orders upon perusing the
application and upon hearing the arguments of M/S. G.SUDHEER,
R.HARIKRISHNAN (H-308), SMRITHI S.S., Advocates for the petitioner, the
PUBLIC PROSECUTOR for the respondents, the court passed the following:
RAJA VIJAYARAGHAVAN V, J.
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Crl.M.C No. 1574 of 2023
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Dated this the 22nd day of June, 2023
ORDER
I have heard the learned counsel appearing for the petitioner who submits that the prosecution proceedings initiated at the instance of the village officer cannot be sustained under law. He would further contend that the action is also violative of the law laid down in Firose v. Revenue Divisional Officer [2011 (1) KLT 868], wherein it was held that prosecution can stand only if conversion is after notification is published. According to the learned counsel, the complaint was registered on 28.6.2019, and the Data Bank was published only on 22.1.2021.
Having regard to the submissions advanced, there will be an interim order, as prayed for, for a period of eight weeks.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE Sru 22-06-2023 /True Copy/ Assistant Registrar