~ ~ ~ ~ ~ ~ The 2nd petitioner is the President and the 1st petitioner is the Secretary of the Marayamuttom Service Co-operative Society Limited No.984. It has been pointed out that the Sub Inspector of Police, Marayamuttom Police Station was in inimical terms with the 2nd petitioner, who is a political leader. Several cases were registered by the Sub Inspector by misusing his authority and colour of his office. Consequently, the 2nd petitioner preferred a complaint before the District Police Chief. The District Police Chief conducted a detailed enquiry in the matter and found that all the said cases including Crime No.195/2014 of Maramuttom Police Station are falsely foisted by the Sub Inspector of Police against the 2nd petitioner with a view to wreaking vengeance. Crl.M.C.5776/2017 : 2 : It was ordered that the Sub Inspector shall not conduct the investigation in the said crime and a Deputy Superintendent of Police should conduct the investigation.
2. Disregarding the said direction by the District Police Chief, the Sub Inspector of Police immediately filed the final report. The crime was registered by alleging that the petitioners had trespassed into the property of the de facto complainant, who is the 2nd respondent herein, and destroyed the plantains, colocasia, drumstick tree (moringa oleifera), etc. and committed its theft. In fact, the property on which the alleged acts were committed, belongs to the Co-operative Society through ARC proceedings. The property belongs to the Society is in Re-survey No.233/42 and its extent is 7 cents. When the title of the Society was disputed by the 2nd respondent, the Society preferred OS No.653/1998 before the Munsiff's Court, Neyyattinkara. The suit was decreed through Annexure-D judgment and Annexure-C decree. The learned counsel for the 2nd Crl.M.C.5776/2017 : 3 : respondent has pointed out that an appeal is pending on the judgment and decree. An order of stay of execution has been obtained by the 2nd respondent in the said appeal.
3. When title of the properties with the Co-operative Society, it is idle to contend that there is trespass in the property by the Co-operative Society or by the petitioners, who are the office bearers of the Co-operative Society. The offence under Section 379 IPC has already been dropped in the final report. The offences under Sections 427 and 447 IPC are not legally sustainable as against the petitioners. The fact that the 2nd petitioner is involved in several criminal cases is not a matter, which can be considered at present. It has been pointed out by the learned counsel for the petitioners that the 2nd petitioner is a political activist, who involves himself in almost all the social issues in the locality, which has invited several cases against him.
4. There are no materials to invite the offences under Sections 427 and 447 IPC as against the petitioners Crl.M.C.5776/2017 : 4 : and therefore, all further proceedings in CC.2442/2015 as well as Annexure-J final report are liable to be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC.2442/2015 of the Judicial First Class Magistrate's Court-III, Neyyattinkara, as well as Annexure-J final report in Crime No.195/2014 of Marayamuttom Police Station, are quashed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/15/01 // True Copy // PS to Judge