T.J.JOSY Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, by the petitioners, who are accused Nos.1 to 3 in C.C.No.543/2022 on the files of the Judicial First Class Magistrate Court-II, Kochi, and the prayer herein is as under:

(2.) Heard the learned counsel for the petitioners and the learned counsel appearing for the 2nd respondent/de facto complainant. Also heard the learned Public Prosecutor.

(3.) The prosecution come forth when Annexure 1 complaint was lodged by the 2nd respondent before the Judicial First Class Magistrate - II, Kochi. The allegation in the complaint is that, the accused herein criminally trespassed upon the house belonged to the complainant, which was obtained on the strength of a gift deed on 11/10/2021, after breaking of its door in the absence of the complainant, who is the 2nd respondent and her husband. The learned Magistrate proceeded with Annexure 1 complaint and recorded the sworn statements of the complainant and witnesses. Ultimately, as per Annexure-VIII order dtd. 26/5/2022, took cognizance for the offences punishable under Ss. 447, 448, 453 and 454 r/w Sec. 34 of the Indian Penal Code (for short, 'the IPC' hereinafter) and numbered the case as C.C.No.543/2022. Now, the petitioners seek quashment of the above proceedings.