FEMEENA Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this Crl.M.C. is to the order dtd. 23/11/2022 in CMP.No.2948 of 2022 passed by the Judicial First Class Magistrate Court-I, Thiruvananthapuram. The petitioner is the complainant in the Court below. She is an entrepreneur in the field of preschool education for children. She is running a kindergarten at Pongumoodu. The kindergarten was established on a property having an extent of 30 cents of land with a building bearing No.BN-52 (SIVA); T.C.5/4372 at Bapuji Nagar, Thiruvananthapuram. The land and building were leased out by one Sivaprakash to the complainant.

(2.) Sri.Sivaprakash initiated steps to evict the petitioner from the tenanted premises. The petitioner filed a suit before the Munsiff's Court, Thiruvananthapuram, against Sri.Sivaprakash seeking protection against forcible eviction. An interim order was passed by the Munsiff's Court in favour of the petitioner. During the pendency of the suit, Sri.Sivaprakash entered into an agreement with one Sri.Ajaya Kumar for the sale of the tenanted premises. Sri.Sivaprakash and his lawyer Sri.Zakeer Husain jointly made an attempt to evict the petitioner. On 11/10/2022, the petitioner found new locks installed on the doors of the building. The petitioner filed a complaint before the Station House Officer, Sreekaryam Police Station. Sri.Sivaprakash and his lawyer committed theft of the valuables that belong to the petitioner between the evening of 28/10/2022 and the morning of 31/10/2022, and thereafter, a suit was instituted as O.S.No.1620/2022 before the Munsiff's Court claiming that the petitioner had voluntarily vacated the tenanted premises and that she has attempted to trespass upon the building.

(3.) The petitioner instituted a complaint against Sri.Sivaprakash and Sri.Zakeer Husain alleging offences under Ss. 294(b), 341, 380, 447, 448, 451(ii), 509 and 34 of the Indian Penal Code.