Kochi: The high court has reserved its order on a petition filed by Roji Augustine, the prime accused in the Muttil tree felling case, and other accused persons, seeking to stay the ongoing trial before the Chottanikkara magistrate court in a related cheating case.
The cheating case arose from a case registered by the Meppadi range forest officer against them for the illegal mass felling of trees in South Muttil in the Meppadi forest range in Wayanad, which had not yet been concluded, according to the petitioners. During Tuesday’s hearing, the bench of Justice C S Dias also orally asked whether the present case could be sustained if the findings in the Muttil tree felling case were adverse. However, director general of prosecution T Asaf Ali submitted in reply that the two cases were different.
Hence, they contended that proceeding with the trial before the tree felling case was concluded would amount to an abuse of the process of the court.
Previously, on Feb 26, 2021, the court had directed that the final report in that case should not be filed without obtaining prior permission from the HC. On Tuesday, Asaf Ali sought modification of the interim order, stating that the investigation was nearing completion and the final report could be submitted within 10 days. Taking note of the submission, the bench modified the order and directed that the final report be submitted within 10 days.
Aliyar was allegedly made to believe that the timber had the requisite forest department passes.
The case pending before the magistrate court against the petitioners, Roji and his brothers Anto and Jose Kutty, relates to the alleged cheating of M M Aliyar of Karimukal in Ernakulam by selling him timber allegedly felled and transported illegally from an area under the Meppadi forest range in Wayanad. Meanwhile, the court modified its previous order in one of the cases related to the Muttil mass tree felling incident, enabling forest officials to submit the final report before the magistrate court at Sultan Bathery.