JAISY JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1 to 5 in C.C.No.2474/2015 on the files of the Judicial First Class Magistrate Court, Adoor, have filed this petition under Sec. 482 Cr.P.C. to quash the proceedings against them in the said case.

(2.) The prosecution case is that on 19/2/2015, at about 7:00 a.m, the accused formed themselves into an unlawful assembly armed with dangerous weapons and criminally trespassed into the property of the de facto complainant in violation of the injunction order of Munsiff's Court, Adoor, and caused destructions to the fencing stones and certain trees situated in that property incurring a loss of Rs.6,000.00 to the de facto complainant. It is also alleged that the accused criminally intimidated the de facto complainant and pelted stones towards them. Thus, the accused are alleged to have committed the offences punishable under Ss. 143, 147, 148, 506(i), 447, 427 and 188 I.P.C read with Sec. 149 I.P.C.

(3.) The Sub Inspector of Police, Adoor registered the crime on 19/2/2015 on the basis of a written complaint submitted by the de facto complainant (third respondent). After the completion of investigation, the S.I of Police, Adoor laid a final report before the Judicial First Class Magistrate Court, Adoor.