The Kerala High Court has set aside a Magistrate’s one-line order that had forwarded a case u/s 420 and 120B r/w Section 34 of the IPC, against five senior officials of UltraTech Cement Ltd. to the police, holding that the Magistrate had not assigned any reason to establish that there is a rational nexus between the facts considered and the conclusions arrived.
The petitioners were arrayed as accused of misrepresenting the nature of a 41.61-acre parcel of Panchami (DC) land sold, despite knowing that such land cannot be transferred to persons outside the depressed classes. The complainant claimed a loss after paying over ₹10.9 crore for a property that could not be utilised for mining.
Challenging the Magistrate’s order, the petitioners argued that the direction to the police was issued without any application of mind, contrary to the Supreme Court’s ruling in Om Prakash Ambadkar v. State of Maharashtra, 2025 KHC Online 6096, which mandates that a Magistrate must consider the complaint and the police officer’s submissions before directing an investigation under Section 175 BNSS.
Justice C.S. Dias agreed, observing that the Magistrate’s order, limited to “Heard both sides… offence prima facie made out… forward the complaint to SHO”, the Magistrate has not shown any link between the facts considered and the outcome. Referring to Union of India (UOI) v. Mohan Lal Capoor, 1973 (2) SCC 836, the Court reiterated the Supreme Court’s principle that reasoned orders ensure accountability.
Holding that the Magistrate acted in “flagrant violation” of the law declared in Om Prakash (supra), the High Court set aside the order and directed the Magistrate to reconsider the matter afresh, untrammelled by its observations. The Court clarified that it had not examined the merits of the complaint and left all contentions open.
Appearances
For the Petitioners: Senior Adv. Santhosh Mathew, along with Kurian Antony Mathew, Arun Thomas, Veena Raveendran, Karthika Maria, Anil Sebastian Pulickel, Mathew Nevin Thomas, Karthik Rajagopal, Shinto Mathew Abraham, Noel Ninan Ninan, Arun Joseph Mathew, Adeen Nazar, Anna Mary Mathew.
For Respondents 2 & 3: Manu Nair G., Thomas P. Makil, Leepa Philip, George K. George, Bharath Murali.
For the State: Senior Public Prosecutor Smt. Seetha S.