RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 and 2 in S.T. No.2112/2013 on the file of the Judicial First Class Magistrate, Erattupetta, charge sheeted for offences punishable under Sections 188, 291 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and 120(l) of the Kerala Police Act, 2011(for short 'the K.P. Act') seek to quash Annexure-A4 final report submitted by Sub Inspector of Police, Erattupetta.

(2.) Accused and CW1, who is the second respondent are close neighbours. The prosecution allegation is that accused constructed a kennel and have been keeping a dog causing nuisance to CW1. It is alleged that due to constant nuisance being caused to CW1, he approached the Revenue Divisional Officer, Pala and obtained Annexure-A2 order of injunction restraining the accused from causing nuisance to him in the neighbourhood by keeping the dog without taking proper care of it. The specific allegation against the petitioners is that on the midnight of 07.08.2012 and on subsequent occasions, they used to harass the dog kept in the kennel tempting it to bark in loud voice and thereby caused wilful disturbance to the peaceful life of the second respondent. These allegations, according to the prosecution, have amounted to commission of offences punishable under Sections 188, 291 read with Section 34 of IPC as well as Section 120(l) of the K.P. Act.

(3.) I heard the learned counsel for the petitioners, second respondent and the learned Public Prosecutor.