M.O.Thomas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 ---------------------------------------- PETITIONER(S)/PETITIONER/7TH ACCUSED:

-------------------------------------------------------------- M.O.THOMAS, AGED 51, S/O.LATE OONNUNNY, MAMKUNNEL HOUSE, EDAVAKA POST, PRESENTLY RESIDING AT STERLING APARTMENTS, KAIPPANCHERRY, SULTAN BATHERY, WAYANADU DISTRICT. BY ADVS.SRI.VARGHESE C.KURIAKOSE SRI.P.V.VARGHESE (KANJIRAMATTOM) RESPONDENT(S)/RESPONDENTS/COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. THE DETECTIVE INSPECTOR, CBCID, OSW IV, SUB UNIT, KOZHIKODE-673 001.

R BY PUBLIC PROSECUTOR SMT.SAREENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AD

------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-A1 TRUE PHOTOCOPY OF THE FIRST INFORMATION REPORT REGISTERED BY THE THRUNELLI POLICE ANNEXURE-A2 TRUE PHOTOCOPY OF THE STATEMENTS GIVEN BY CW6 BEFORE CIRCLE INSPECTOR OF POLICE THIRUNELLI ANNEXURE-A3 TRUE PHOTOCOPY OF THE STATEMENTS GIVEN BY CW7 BEFORE CIRCLE INSPECTOR OF POLICE THIRUNELLI ANNEXURE-A4 TRUE PHOTOCOPY OF THE STATEMENT GIVEN BY CW6 JOSE THOMAS ON 22.08.2008 BEFORE SPECIAL BRANCH ANNEXURE-A5 TRUE PHOTOCOPY OF THE STATEMENT GIVEN BY CW7 ON 22.08.2008 BEFORE SPECIAL BRANCH ANNEXURE-A6 TRUE PHOTOCOPY OF THE ORDER DATED 23.03.2015 CANCELLING THE DOCUMENT ANNEXURE-A7 TRUE PHOTOCOPY OF THE CHARGE SHEET ISSUED BY DETECTIVE INSPECTOR,CBCID,KOZHIKODE ANNEXURE-A8 TRUE PHOTOCOPY OF THE APPLICATION UNDER SECTION 227 OF THE CODE OF CRIMINAL PROCEDURE AS CRL.M.P.722/2015 SEEKING DISCHARGE ANNEXURE-A9 CERTIFIED COPY OF THE ORDER DATED 25.05.2015 IN CRL.M.P.722/2015 BEFORE THE ADDL.DISTRICT & SESSIONS COURT,KALPETTA.

ANNEXURE-A10 TRUE COPY OF THE COMMON ORDER DATED 30.04.2008 PASSED BY FOREST TRIBUNAL KOZHIKODE IN O.A.NO.63/01, 64/01, 1/02 AND 2/02 FILED BY LAKSHMI & CHILDREN ANNEXURE-A11 TRUE COPY OF THE COMMON ORDER DATED 27.11.2014 PASSED BY FOREST TRIBUNAL KOZHIKODE IN O.A NO.15/07, 6/08, 7/08, 8/08 & 9/08 FILED BY MINI SEBASTIAN AND OTHERS ANNEXURE-A12 TRUE COPY OF THE O.A. NO.25608/2008 DATED 21.04.2008 FILED BEFORE THE KERALA AGRICULTURAL DEBTS RELIEF COMMISSION. ANNEXURE-A13 TRUE COPY OF THE PRIVATE COMPLAINT DATED 28.04.2008 REGISTERED AS CRIME NO.45/08 OF THIRUNELLI POLICE STATION WHICH WAS RENUMBERED AS CBCID CR.NO.237/08 AND WHICH WAS LATER REFERRED AS ONE OF MISTAKE OF FACTS. Cont..2

ANNEXURE-A14 TRUE COPY OF THE SALE DEED NO.2061/2006 SRO MANANTHAVADY DATED 31.08.2006 EXECUTED BY LAKSHMI IN FAVOUR OF DENNIS JOY ANNEXURE-A15 TRUE COPY OF THE AGREEMENT DATED 31.08.2006 ENTERED INTO BETWEEN C.J.JOY & CHANDRAN SUBSEQUENT TO THE EXECUTION OF THE SALE DEED ANNEXURE-A16 TRUE COPY OF THE PLAINT IN O.S.NO.61/08 ON THE FILES OF MUNSIFF'S COURT MANANTHAVADY ANNEXURE-A17 TRUE COPY OF THE COMMISSION REPORT DATED 12.05.2008 FILED BY ADVOCATE COMMISSIONER MR.K.K.RAMESH, IN O.S.NO.61/08 ON THE FILES OF MUNSIFF'S COURT MANANTHAVADY ANNEXURE-A18 TRUE COPY OF THE PRIVATE COMPLAINT DATED14.09.2008 SUBMITTED BY B.RAJU, S/O LAKSHMI, REGISTERED AS CRIME NO.114/08 ON THE FILES OF THIRUNELLI POLICE STATION ANNEXURE-A19 TRUE COPY OF THE LETTER NO.L 6263/94 DATED 12.08.

2005 FROM THE DFO NORTH WAYANAD TO THE SRO MANANTHAVADY ANNEXURE-A20 TRUE COPY OF THE LETTER DATED 01.09.2005 BY SRO MANANTHAVADY TO THE DISTRICT REGISTRAR, WAYANAD INFORMING NO REGISTRATION WILL BE DONE IN RESPECT OF THE PROPERTIES UNTIL FURTHER INSTRUCTION ANNEXURE-A21 TRUE COPY OF THE JUDGMENT DATED 14.11.2012 IN WP(C) 15851/12 (F) ON THE FILES OF HON'BLE HIGH COURT OF KERALA FILED BY PRASOBHITHAN ANNEXURE-A22 TRUE COPY OF THE JUDGMENT DATED 01.10.2014 IN WP(C) 22787/14 (W) ON THE FILES OF HON'BLE HIGH COURT OF KERALA FILED BY PRASOBHITHAN ANNEXURE-A23 TRUE COPY OF THE NOTICE NO.G.SMC.4/2002/MTDY DATED 30.04.2014 ISSUED BY REVENUE DIVISONAL OFFICER TO B.CHANDRAN ANNEXURE-A24 TRUE COPY OF THE CRP2/09 AND I.A NO.2788/2011 DATED 28.10.

2011 IN THE SAID CRP FILED BY STATE OF KERALA AGAINST LAKSHMI RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A.

B.KEMAL PASHA, J.

-------------------------------------- Crl.M.C.No.3640 of 2015 ---------------------------------------- Dated this the 29th day of October, 2015

ORDER

It seems that presently the charges have been framed in the matter by the Court below. In such case, the petitioner, if so advised can challenge the said order through a criminal revision. With liberty to the petitioner to challenge the proceedings through a criminal revision, this Crl.M.C is closed.

Sd/- B.KEMAL PASHA JUDGE AD/29/10/15