Case Law Details
M. S. Paulose Vs State of Kerala (Kerala High Court)
Facts- The suit was instituted by the petitioners and some other persons, praying for a decree of declaration that St. Johns Besphage Orthodox Syrian Church, Pulinthanam is a constituent parish Church of Malankara Orthodox Syrian Church and to declare that the plaint schedule church is to be administered in accordance with the provisions of 1934 Constitution of the Malankara Orthodox Syrian Church and other consequential reliefs.
Conclusion- In State of Haryana v. Bhajan Lal, the Honourable Supreme Court observed that where a criminal proceeding is manifestly instituted with mala fide and where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, the powers of the court under Section 482 Cr.P.C. can be invoked. In this case, even though the complaint submitted may not be on account of a personal grudge, it is evident that the same arises from a factional feud within a community. Therefore, I am of the view that this is a fit case in which the decision of the Honourable Supreme Court in Bhajan Lal’s case is applicable.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
Petitioners are the accused Nos.1 and 2 in Crime No.1194 of 2018 of Muvattupuzha Police Station. Initially, a private complaint was submitted by the 2nd respondent herein, which is produced as Annexure-A4 and the same was referred by the Judicial First Class Magistrate Court, Muvattupuzha, to the police for investigation under Section 156(3) of Cr.P.C. Annexure A1 is the FIR registered consequently and the offences alleged against the petitioners are under Sections 468, 471 and 120B of Indian Penal Code and Section 12 of Press and Registration of Books Act, 1867.
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