ESTHAPPANU Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is directed against the order dated 21-4-1993 on M. P. No. 698 of 1993 of the Judicial First Class Magistrate, Perumbavoor. Petitioner filed the above complaint under S. 447,427, 326 and 323 read with 34 of the Indian Penal Code.

(2.) The allegation in the complaint is that on 14-5-1992, when the father of the complainant went to his property, he saw respondents 2 to 4 trespassed into the complainant's property and attempted to construct a fence encroaching into the property. The matter was immediately informed to the complainant. The complainant went to the spot and resisted the attempt. Respondents 2 to 4 pulled down the petitioner. The first accused inflicted a blow on the complainant with an iron rod. The other accused persons also participated in manhandling the petitioner. Petitioner sustained fracture to the ribs. Petitioner was then admitted to the Little Flower Hospital, Angamaly on the same day and he was treated there ill 20-8-1992. He then informed the matter to investigation, the police referred the case. The complainant produced a list of witnesses and also wound certificate along with the complaint. The sworn statement was taken by the Magistrate. Two witnesses were also examined. But the Magistrate dismissed the complaint under S.203 Cr.P.C, stating that the proper remedy of the complainant is to approach the civil court for appropriate reliefs. Aggrieved by the said order, the complainant has preferred this revision petition.

(3.) Heard the Public Prosecutor and the counsel for the revision petitioner.