improper alienation of immoveable properties
he Syro Malabar Church, an Episcopal Institution is headed by the Bishop of Archdiocese, i.e., the appellant – Cardinal Mar George Alencherry (hereinafter referred to as ‘the appellantArchbishop’). The said Archbishop claiming to have an authority over all the spiritual and temporal affairs concerning Syro Malabar Church alienated certain immoveable properties of the Church. The present respondent no. 2 – Mr. Joshy Varghese (original complainant) claiming to be a member and believer of a Roman Catholic Church has filed a complaint under Sections 190 and 200 of Cr.P.C. being Crl. M.P.No. 5003/2018 in the Court of Judicial Magistrate, Ist Class, Kakkanad (hereinafter referred to as the ‘Trial Court’) on 16th July, 2018, against three accused i.e. (1) the 3 appellant-Archbishop, (2) Rev Fr. Joshy Puthuva and (3) Saju Varghese alleging commission of the offences punishable under Sections 120B, 406, 409, 418, 420, 423, 465, 467, 468 r/w 34 of IPC
(ii) It has been alleged in the complaint, inter alia that the complainant is the member of the St. Mary’s Church, Perumbavoor, one of the churches administered by the Archdiocese of ErnakulamAngamaly. The appellant took charge of the Archdiocese as its Major Archbishop on 29.05.2011 and he was subsequently ordained as a Cardinal of Syro Malabar Church on 06.01.2012. The said Archdiocese has been administering various educational institutions, orphanages, old age homes, convents, monasteries and hospitals, in addition to 338 churches under it. The said Archdiocese owned assets both movable and immovable worth crores of rupees. The bylaws of Archdiocese which prescribed the procedures for the administration and management of the assets of the Archdiocese were modified on 29.07.2009. 4 (iii) It has been further alleged that the appellantArchbishop entered into a criminal conspiracy with accused no. 2 – Rev Fr. Joshy Puthuva, who was the financial officer of the said Archdiocese, during the period from 2012 to 2017 to fraudulently dispose of some of the immovable properties of the Archdiocese, and in furtherance thereof, they alienated certain properties worth crores of rupees to the accused no. 3 - Saju Varghese, as described in the complaint. (iv) In the said complaint, a sworn statement of the complainant was recorded in view of Section 202 of Cr.P.C. as the appellant and the other two accused in the said complaint were residing beyond the jurisdiction of the Trial Court. One more witness was also summoned and examined in support of the complaint. The complainant also had produced few documents in support of the said complaint. (v) The Trial Court vide the order dated 2nd April, 2019 took the complaint on file and dismissed the complaint under Section 203 of Cr.P.C. so far as the 5 offences under Sections 409, 418, 420, 465, 467 and 468 of IPC were concerned, however issued summons against the accused for the offences under Sections 120-B, 406, 423 read with 34 of IPC.
03.01.2018: The respondent no. 2 Joshy Varghese, the complainant, had filed a complaint being CMP No. 2/2018 in the Court of Judicial Magistrate, First Class. Maradu, against the appellant and others praying for investigation under Section 156(3) Cr.P.C., alleging criminal conspiracy to sell the plots of lands belonging to the Archdiocese. The Judicial Magistrate, Maradu, Ernakulam before issuing the process in the said complaint directed the respondent no. 2 to examine the witnesses. The respondent no. 2 challenged the said order before the Kerala High Court, which dismissed his petition vide the order dated 22.02.2018. The said complaint was thereafter dismissed by the Magistrate vide the order dated 30.09.2021. (ii) 12.01.2018: One Paulachan Puthuppara, an Advocate filed a complaint being CMP No. 179/2018 in the court of Chief Judicial Magistrate, Ernakulam against the petitioner and two others alleging criminal conspiracy in respect of the sale of plots of land belonging to the Archdiocese. The 9 Magistrate, Ernakulam vide the order dated 02.02.2018 dismissed the complaint observing that if complainant was aggrieved, he could resort to an appropriate civil action as may be available under the law. (iii) 15.01.2018: One Shine Varghese filed a complaint before the P.S. Ernakulam Central, being FIR No. 719/2018, making similar allegations, in which the police filed a closure report, however the complainant Shine Varghese filed a Protest Petition, which is pending under consideration before the concerned court. (iv) 18.03.2019: One complainant Pappachan filed a complaint being Cr.M.P.No. 820/2019 against the appellant-Archbishop and others in the Court of Judicial Magistrate, First Class, Kakkanad. The said complainant had also filed a complaint before the Ernakulam P.S. on 12.01.2019, however no action was taken. Ultimately FIR No. 818/2019 was registered, however the investigating officer has submitted a closure report in the said complaint.