Kerala High Court
Rageena Beevi vs State Of Kerala
Author: A.Hariprasad
Bench: A.Hariprasad
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
WEDNESDAY, THE 10TH DAY OF APRIL 2013/20TH CHAITHRA 1935
Crl.MC.No. 1492 of 2007 ( )
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CC.224/2004 of J.UDICIAL FIRST CLASS MAGISTRATE COURT-II,THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED:
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RAGEENA BEEVI, W/O.SHAJAHAN,
T.C.8/17, PUNNAKATTIL, THIRUMALA P.O.
THIRUMALA VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.P.GOPALAKRISHNAN NAIR
RESPONDENT/STATE:
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1. STATE OF KERALA, REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
ADDL.R2.
OFFICIAL RECEIVER, THIRUVANANTHAPURAM DISTRICT COURT,
DISTRICT COURT COMPLEX, VANCHIYOOR, THIRUVANANTHAPURAM-
69503.
ADDL.R2 IMPLEADED AS PER ORDER DATED 7.3.2013 ON CRL.MA NO.2072/2013 IN CRL.MC
NO.1492/2007.
R1 BY PUBLIC PROSECUTOR SHRI REJI JOSEPH
R2 BY ADV. SRI.POOVAPPALLY M.RAMACHANDRAN NAIR
R2 BY ADV. SRI.R.V.ABHISHEK
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10-04-2013,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.1492/2007
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A ATTESTED COPY OF THE FINAL REPORT IN CC NO.224/2004 ON THE FILE OF
THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THIRUVANANTHAPURAM
ANNEXURE B ATTESTED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.118/02
DATED 4.12.2002
ANNEXURE C TRUE COPY OF THE SALE DEED NO.277/2001 OF SRO, KAZHAKUTTOM DATED
18.1.2001
ANNEXURE D TRUE COPY OF THE SALE DEED NO.2371/2000 DATED 26.7.2000
ANNEXURE E TRUE COPY OF THE ORDER IN OP (IP) NO.1/2001 DATED 27.9.2001 OF THE
PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
ANNEXURE F TRUE COPY OF THE JUDGMENT IN AS (INSOLVENCY) NO.344/2002 DATED
28.6.2003
//TRUE COPY//
A.HARIPRASAD, J.
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Crl.M.C. No.1492 of 2007
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Dated this the 10th day of April, 2013.
ORDER
Petitioner is the accused in C.C.No.224 of 2004 on the file of Judicial First Class Magistrate Court-II, Thiruvananthapuram. Thumba Police registered Crime No.118 of 2002 against the petitioner alleging offences punishable under Sections 188 and 379 of the Indian Penal Code (for short, "IPC"). Gist of the allegations is that while an immovable property was in the custody of the 2nd respondent, Official Receiver appointed by the Principal Sub Court, Thiruvananthapuram in O.P.(IP) No.1 of 2001, petitioner in disobedience of the direction of the Official Receiver entered the property and plucked coconuts. Thereby she has committed the offences. Petitioner submitted that the whole charge is misconceived because at the time of alleged incident on 26.11.2002, the Official Receiver appointed by the Principal Sub Court in the above proceedings by an order dated 21.06.2001 was discharged in pursuance of a finding of the learned Principal Sub Judge dated 27.09.2002 that the insolvency petition itself was not maintainable. Annexure-E is the judgment passed by the learned Principal Sub Judge in O.P.(IP) No.1 of 2001. It was found therein that by virtue of Section 8 of the Insolvency Act, 1955, insolvency proceedings cannot be initiated against the assets of a company registered under the Companies Act. With this observation, the proceeding was terminated. The matter was unsuccessfully challenged in A.S. (Insolvency) No.344 of 2002 before the Crl.MC No.1492/2007 2 learned Additional District Judge, Thiruvananthapuram. After considering the merit of the matter, learned Additional District Judge dismissed the appeal. It is submitted by the learned counsel for the petitioner that as on 27.09.2002, the Official Receiver stood discharged. Therefore, it cannot be legally said that the property was in his custody on 26.11.2002, the date of alleged incident. There is merit in this submission. I find that the prosecution is an abuse of process of court.
In the result, petition is allowed. All the proceedings in C.C.No.224 of 2004 on the file of Judicial First Class Magistrate Court-II, Thiruvananthapuram are hereby quashed.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD, JUDGE.
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