The petitioners herein are the accused nos.1 and 2 in in C.C. No.412 of 2014 of the Judicial First Class Magistrate Court, Nedumkandam. Cognizance was taken by the Trial Court on the complaint brought by one Sushama alleging the offence of theft, that these petitioners cut and removed some eucalyptus trees from a vast area of property in her possession. The crime registered by the Police on her first complaint was referred as one of civil nature. Later, she brought a protest complaint. On the said complaint, the learned Magistrate conduct necessary enquiry and took cognizance. 2. Now the petitioners seek orders quashing the said complaint and further proceedings in C.C. No.412 of 2014 on the ground that the allegations by the complainant will not in any manner constitute the offence of theft with the necessary ingredients. The 2nd respondent herein is the complainant in the Trial Court.
Crl. M.C. No.5543 of 2014 2 She remained absent inspite of notice. The Station House Officer filed a report that the matter was once properly and effectively investigated, and the crime was referred as one of civil nature. It is reported that the property is infact the subject matter of a civil suit for partition.
3. On a perusal of the proceedings including the report submitted by the Police, I find that the property from where eucalyptus trees were allegedly cut and removed by the petitioners is the subject matter of a civil suit. The report submitted by the Police shows that investigation was property conducted by the Police on the first complaint, and the investigating officer referred the crime on the full satisfaction that the dispute is really civil in nature. It is pertinent to note that inspite of notice, the complainant did not turn up to contest this matter.
4. In such a situation the petitioners cannot be proceeded against, on the allegation of theft, that they cut and removed trees from the property wherein they also claim right. I find that the prosecution is really Crl. M.C. No.5543 of 2014 3 unsustainable, and continuance of prosecution in the above circumstances will be abuse of legal process.
5. In the result, this petition is allowed. The complaint and further proceedings in C.C. 412 of 2014 under the Court below will stand quashed under Sec.482 of Cr.P.C. Accordingly, the petitioners will stand released from prosecution, and the bail bonds, if any, executed by the petitioners will stand discharged.
Sd/- P.UBAID JUDGE NS