K.I. KOYA Vs. UNION TERRITORY OF LAKSHADWEEP

JUDGEMENT

(1.) This Crl.M.C has been filed to quash the FIR in Crime No.1/2016 of Kalpeni police Station, Union Territory of Lakshadweep.

(2.) Crime No.1/2016 was registered against the petitioner under Sec 447, 427, 352 IPC upon a complaint filed by the 2nd respondent/the de facto complainant. Petitioner alleged to have trespassed into the property of 2nd respondent/de facto complainant (in short 2nd respondent) and destroyed papaya plants and other vegetation planted by the tenant who is the Circle Inspector of Kalpeni Police Station. According to the petitioner, he is a co-owner of the property as per Annexure-C complaint filed by the 2nd respondent and hence the entire proceedings initiated against him is an abuse of process of law and is not sustainable and hence is liable to be quashed.

(3.) Notice was issued to the respondents. 1St respondent appeared through the learned Standing Counsel. Adv. K.M.Firoz appeared on behalf of 2nd respondent. Both sides were heard.