Kochi, Jul 23 The Kerala High Court on Thursday upheld a magisterial court order dismissing the discharge petitions of the three accused in the 2021 Muttil tree-felling case, saying that the offence of cheating is prima facie brought out from the facts and circumstances of the matter.
Justice G Girish dismissed the pleas of the three accused, who are also brothers, challenging the magisterial court's February 27 order rejecting their discharge petitions.
The three brothers are accused of illegally felling, smuggling and selling rosewood trees worth crores of rupees from Muttil, a tribal village in Wayanad.
They had sold the wood to the owner of a timber manufacturing company by claiming that the timber had all the necessary clearances from the forest department.
However, when the Forest Department initiated proceedings in connection with the matter, the timber company owner -- the complainant -- realised that an offence had been committed, his lawyer told the court.
The petitioners, one of whom is connected with a media house, claimed in the High Court that no pass was required for transportation of the timber that was sold to the complainant and therefore, the allegations against them were unsustainable.
Rejecting the contention, Justice Girish said, "I find no merit in the aforesaid contention of the petitioners. It is a fact that the Forest Department initiated proceedings against the petitioners for illegally cutting and removing trees, in violation of the relevant provisions of law."
The court further said that the complainant was made to believe that the timber being sold to him was not involved in any offence or violation of the procedures prescribed by law.
"Later on, it came out from the proceedings initiated by the Forest Department that the petitioners did not have the right or authority to transport and sell the aforesaid timber to the second respondent (complainant)," it held.
"Thus, the offence of cheating is prima facie brought out from the facts and circumstances of the case," the High Court said.
It said that the magisterial court rightly held that there were sufficient grounds to proceed against the petitioners for committing an offence under section 420 (cheating) read with section 34 (common intention) of the IPC.
"There is absolutely no reason to interfere with the aforesaid findings of the court below in exercise of the revisional powers of this court. Needless to say, these revision petitions are bereft of merit. In the result, these revision petitions are hereby dismissed," the High Court said.
