LAWS(KER)-2024-10-24

VAISHAK RAJ Vs. STATE OF KERALA

Decided On October 30, 2024
Vaishak Raj Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioners have invoked the jurisdiction under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023; to quash all proceedings against them.

(2.) Petitioners are accused Nos.1 to 6 in C.C.No.1378/2024 on the files of the Judicial First Class Magistrate Court-II, Kollam, arising out of Crime No.361/2024 of Eravipuram Police Station, Kollam District, registered for the offences punishable under Sec. 143, 147, 148, 294(b), and 427 r/w Sec. 149 of the Indian Penal Code, 1860 apart from Sec. 5 of the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019. The third respondent is the de facto complainant.

(3.) According to the prosecution, the accused had on 5/3/2024 destroyed the LED bulbs and lights, which was used for decoration of a temple festival and shouted obscene words against the de facto complainant, who sustained a loss of Rs.34,858.00, thereby committing the alleged offenses.