Kerala High Court
Ernakulam District vs By Advs.Sri.Vipin Narayan on 27 September, 2016
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 1ST DAY OF JUNE 2018 / 11TH JYAISHTA, 1940
Crl.MC.No. 3086 of 2018
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ST 2986/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT,
KOLENCHERRY
CRIME NO. 1653/2016 OF THRIKKAKARA POLICE STATION,
ERNAKULAM DISTRICT
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PETITIONER/ACCUSED NO.2
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SOBHA MATHEW
AGED 54 YEARS, W/O. DR.JAMES MATHEW,
CHETTIMATOM HOUSE, 119 WEST HILL,
KURIACHIRA, THRISSUR.
BY ADVS.SRI.VIPIN NARAYAN
SRI.C.JAYAKIRAN
RESPONDENTS/COMPLAINANT AND STATE:
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1. GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, ERNAKULAM,
CIVIL STATION, KAKKANAD-682030.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWICK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01-06-2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
2/6/2018
Crl.MC.No. 3086 of 2018 ()
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APPENDIX
PETITIONER(S)' ANNEXURES :
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ANNEXURE A TRUE COPY OF THE COMPLAINT IN S.T.NO.2986/2016 ON
THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE,
KOLENCHERY.
ANNEXURE B TRUE COPY OF THE COMPLAINT DATED 27.09.2016
PREFERRED BY THE 1ST RESPONDENT TO THE SUB
INSPECTOR OF POLICE, THRIKKAKARA.
ANNEXURE C TRUE COPY OF THE FIR IN CRIME NO.1653/2016 OF
THRIKKAKARA POLICE STATION.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
2/6/2018
K.ABRAHAM MATHEW J.
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Crl.M.C. NO.3086 of 2018
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Dated this the 1st day of June, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
2. Petitioner is the second accused in S.T.No.2986 of 2016 on the file of the Judicial First Class Magistrate Court, Kolenchery. She along with the co-accused is alleged to have committed the offence under Section 21(1) of Mines and Minerals (Development & Regulations) Act and Rule 108(1) & (2) of Kerala Minor Mineral Concession Rules. The petitioner is the owner of a certain land. She gave permission to the co-accused to mine laterite stone from the property. According to the prosecution the co-accused conducted quarrying in the property on the basis of forged permit and transported laterite stone from the property. The proceedings as against the petitioner are sought to be quashed on the ground that the facts of the case do not attract any offence so far as she is concerned.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. There is no dispute that MMDR Act or the Kerala Minor Mineral Concession Rules do not create vicarious liability. Only the Crl.M.C. NO.3086 of 2018 2 person who commits the offence can be proceeded against. In this case, the person who allegedly committed the offences is the first accused. The petitioner only happened to be the owner of the property in respect of which the co-accused committed the offences. The facts of the case do not attract any offence so far as she is concerned. Her prayer is only to be granted.
In the result, this Crl.M.C is allowed. The proceedings S.T.No.2986 of 2016 on the file of the Judicial First Class Magistrate Court, Kolenchery are quashed so far as the petitioner is concerned.
Sd/-
K.ABRAHAM MATHEW JUDGE pm