JOSEPH GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The challan laid against the petitioner after conducting investigation alleging commission of offences under S.188 and 447 IPC by the Konni Police in Crime No. 418/95 is sought to be quashed invoking the inherent powers of this Court under S.482 Cr.P.C.

(2.) The gist of the charge levelled against the petitioner (Annexure.A charge sheet) is that he committed breach of the injunction granted by the Munsiff Court, Pathanamthitta in O. S. 269/1983 restraining the defendants in that suit and their men from trespassing into the Utupara Mamotil Rubber Estate comprised in Sy. No. 540-1-1-39 of Aruvapulam village belonging to CW 1, or otherwise interfering with his peaceful possession and enjoyment of that property, and in wilful and deliberate disobedience of the order of injunction petitioner drove his jeep bearing No. KCE/9691 through the road passing through the middle of that Estate and the offences alleged were committed by him on 23.7.95 at 12 noon.

(3.) The learned Magistrate (Judicial First Class Magistrate II, Pathanamthitta) took cognizance of the offences and issued process.