High Court Kerala High Court

Itty Omman vs State Of Kerala on 27 November, 2007

Kerala High Court
Itty Omman vs State Of Kerala on 27 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3471 of 2007()


1. ITTY OMMAN, S/O ITTY,
                      ...  Petitioner
2. G.SURENDRAN, S/O GOPALAN,

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

3. THE ASSISTANT SUB INSPECTOR OF POLICE,

4. THOMSON K.THOMAS, S/O THOMAS,

                For Petitioner  :SRI.N.UNNIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :27/11/2007

 O R D E R
                                R.BASANT, J
                        ------------------------------------
                       Crl.M.C.No.3471 of 2007
                        -------------------------------------
             Dated this the 27th day of November, 2007

                                  O R D E R

Petitioners are accused 1 and 2 in an F.I.R registered alleging

offences punishable under Sections 447 and 427 I.P.C. The 1st

petitioner is an elderly person aged about 88 years. The petitioners

have come to this Court with a prayer that the F.I.R registered against

them, a copy of which is produced as Annexure-3, may be quashed

invoking the extraordinary inherent jurisdiction under Section 482

Cr.P.C.

2. What is the ground ? Obviously the dispute is about the lie

of the boundary between 2 properties. A compound wall was

admittedly constructed. That compound wall admittedly stands

demolished. The petitioners would contend that the defacto

complainant had demolished the compound wall constructed by him

voluntarily on his own. The defacto complainant in the F.I statement

alleged that it was the petitioners who took law into their hands and

demolished the compound wall.

3. According to the learned counsel for the petitioners, the

petitioners are respectable persons. They are not people who would

indulge in such a criminal conduct. In these circumstances it is prayed

that the F.I.R registered may be quashed.

Crl.M.C.No.3471 of 2007 2

4. The extraordinary inherent jurisdiction available to this

Court under Section 482 Cr.P.C does certainly clothe this Court with

jurisdictional competence to set aside an F.I.R in an appropriate case.

There can be no doubt on that proposition. But disputed questions of

fact cannot normally and ordinarily be attempted to be resolved in

proceedings under Section 482 Cr.P.C. I repeat that it is admitted that

a compound wall stood there. It is the case of the petitioners that the

said compound wall was constructed recently and the defacto

complainant was persuaded to demolish the said compound wall. The

defacto complainant’s version is that the petitioners had taken law into

their hands and had demolished the compound wall.

5. Certainly the disputed question can be resolved now only

by a proper investigation to be conducted by the police. I am unable

to agree that any circumstances exist justifying or warranting the

invocation of the jurisdiction under Section 482 Cr.P.C.

6. The learned counsel for the petitioners then contends that

the Circle Inspector of Police, Kottarakkara, the 2nd respondent is

taking undue interest in the matter and it is at his instance that the

F.I.R was registered. Admittedly the investigation is being conducted

by the 3rd respondent. I do not find any reason to issue any direction

regarding the personnel who is to conduct the investigation now.

Crl.M.C.No.3471 of 2007 3

7. The learned counsel for the petitioners then contends that

subsequent events have taken place and a barbed wire fencing

constructed by the petitioners has been demolished. Against that, a

private complaint has admittedly been filed before the Magistrate and

action is pending before the Magistrate. No directions regarding that

also need be issued in the matter. The upshot of the above

discussions is that there is no necessity to invoke the jurisdiction under

Section 482 Cr.P.C in this matter now.

8. This Crl.M.C is, in these circumstances, dismissed.

(R.BASANT, JUDGE)
rtr/-

Crl.M.C.No.3471 of 2007 4