High Court Kerala High Court

Sebastian Chokkattu vs State Of Kerala on 3 February, 2010

Kerala High Court
Sebastian Chokkattu vs State Of Kerala on 3 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 371 of 2010()


1. SEBASTIAN CHOKKATTU, S/O.C.V.JOSEPH,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.K.MOHANAKANNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :03/02/2010

 O R D E R

P.BHAVADASAN, J.

——————————————–
Cr. MC Nos.371 & 372 of 2010

——————————————–

Dated 3rd February 2010

Order

These two petitions have common issues to be

decided. Therefore, they are being disposed of by this common

order.

2. The petitioner is the first accused in CC Nos.63/98

and 64/98 before the JFCM Court, Alathur for having committed

the offences punishable under Ss.27(4)(b) and 27(1)(e)(III)(iv)

of the Kerala Forest Act. It is unnecessary to go into the

allegations in detail, in view of the fact that these petitions can

be disposed of on a short ground.

3. The petitioner could not stand trial along with the

other accused persons and therefore, the cases against him were

split up and refiled. He has given the details of all the four cases

in which he is the accused, in these petitions.

4. The petitioner claims to be a Non-Resident-Indian

and businessman. He submits that he will always be on tour and

he is not involved in the day-to-day affairs of the estate.

Therefore, he is totally innocent, it is submitted. It is pointed out

CRMC 371 & 372/10 2

by the petitioner that he had filed Criminal MC Nos.4223/05 and

4406/05 before this Court, praying to quash the proceedings in

CC Nos.63/98 and 534/98. Those petitions were dismissed by a

common order dated 24.10.2007, which is produced as

Annexure-II. The petitioner also pointed out that in both these

cases, he approached the learned Magistrate after passing

Annexure II order, by filing an application under S.245(2) of the

Cr.P.C., claiming discharge. The said petition has been

produced as Annexure-IV. The petitioner had also filed an

application under S.205 Cr.P.C. for dispensing with his personal

appearance, which is produced as Annexure V. He pointed out

that all the other accused in the connected cases, tried by the

Magistrate’s Court, have been acquitted and since he was not

available for trial, cases against him were split up and re-filed.

5. The petitioner submits that during the pendency of

his petitions for discharge and for dispensing with his personal

appearance, proceedings under S.82 Cr.PC have been resorted to

in both these cases. It is pointed out by him that without

considering the above petitions, the proceedings under S.82

Cr.PC ought not have been resorted to.

CRMC 371 & 372/10 3

6. The limited prayer of the petitioner in these

petitions is that until and unless his petitions for discharge and

for dispensing with his personal appearance, are considered,

further proceedings pursuant to Annexure VI orders, i.e.,

proceedings under S.82 Cr.P.C. may be kept in abeyance.

7. The above said prayer of the petitioner seems to

be just and reasonable. The Court below should first consider

the petitions filed by the petitioner for discharge and for

dispensing with his personal appearance and only thereafter,

proceedings under S.82 Cr.PC can be resorted to. Therefore,

these petitions are allowed to the limited extent that the Court

below shall dispose of the petitions filed by the petitioner for

discharge and for dispensing with his personal appearance and

only thereafter, the Court shall resort to proceed under S.82

Cr.PC.





                                   P.BHAVADASAN, JUDGE



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CRMC 371 & 372/10    5