KOCHI: The Kerala High Court on Thursday dismissed a petition seeking the registration of a crime and an investigation into the alleged land deal involving the Syro Malabar Church, saying it lacked merit. Joshy Varghese of Perumbavoor had filed the petition questioning a Magistrate Court’s decision not to order a special probe by the police.
“Once the Magistrate Court decides to take cognisance under section 200 of CrPC, it cannot go back and order an investigation under section 156 (3) of CrPC. The petitioner himself willingly participated in the proceedings and furnished a statement before the court. If the petitioner wants a police probe, the Magistrate Court has the power to order it and so he can seek the same from the court,” the High Court said.
The High Court also adjourned hearing of a petition by Shine Varghese of Cherthala, who sought a police investigation in the land deal, to Monday. Counsel for Cardinal Mar George Alencherry, the Major Archbishop of the Syro Malabar Church, said as per canon law, the Diocese could not be considered as a trust and there were no individual members.
“Hence, there is no scope for a third party to interfere if losses occurred as alleged. Therefore, the alleged offence of criminal breach of trust will not be attracted in the matter,” the counsel submitted.
The petitioner claimed he was a member of the diocese and had the right to file a complaint seeking a police investigation.