GEEVARGHESE YOHANNAN Vs. P J ABRAHAM KATHANAR

JUDGEMENT

(1.) This petition is filed under S.482 of the Code of Criminal Procedure, 1973, by the B Party in a M.C. No: 1 of 1974, for quashing a proceeding instituted under S.145 of the Code of Criminal Procedure, 1898, by the Executive First Class Magistrate, Quilon.

(2.) The subject matter of the case is the Jacobite Syrian Puthen Church, Kundara, 'Kurissuthotti', cemetry and the Sunday school building situated in one acre and one cent of land comprised in Sy. No. 654/9A in Thrippalazhikom Muri, in Ezhukon Village, within the jurisdiction of the Executive First Class Magistrate, Quilon. This proceeding was instituted on the basis of a report of the Circle Inspector of Police, Kottarakara, submitted after enquiry into a petition filed by the A Party before the Superintendent of Police, and duly countersigned by the Deputy Superintendent of Police, Adoor. A Party consists of 4 persons while B Party, 25 persons.

(3.) In pursuance of the notice issued following the preliminary order, both parties appeared before the Executive First Class Magistrate and are said to have filed written statements and produced documents and affidavits.