V C MADHAVAN NAMBIAR Vs. PUTHIYADATH BHARATHAN

JUDGEMENT

(1.) Petitioners are the accused in C.C. 657 of 1993 before Judicial First Class Magistrate, Koothuparamba, a complaint presented by first respondent alleging commission of offences punishable under S.143, 147, 148, 447, 427, 379 and 506(2) read with S.149 IPC. Petitioners six in number are alleged to have trespassed into the property of the first respondent and demolished compound walls put up by him and got coconuts plucked whereby a loss to the extent of Rs. 35,000/- was sustained by first respondent. Petitioners alleged that the property in respect of which the complaint was presented belonged to them and were in their possession along with remaining area, the total extent of the property being 3.68 acres. One Janardhanan is alleged to have advanced a sum of Rs.25,000/- to petitioners and an area of 67 1/2 cents was given to him as security. Though a document was registered in his name possession continued with petitioners, according to them. In spite of the discharge of the entire amount the property was not re-conveyed. On the other hand, he executed an assignment deed in favour of first respondent. Petitioners were therefore constrained to file a suit as O.S. 360/93 before Sub Court, Thalassery against first respondent and the aforesaid Janardhanan for a declaration that the assignment is void and for a permanent injunction restraining the defendants from trespassing into the property and interfering with the possession of petitioners. A temporary injunction was granted therein.

(2.) Pending the suit for injunction the complaint was filed by first respondent alleging commission of the aforesaid offences complaining of trespass by petitioners. Petitioners being in possession of the property the complaint is unsustainable and the allegation of trespass and the causing of loss are false. On these averments petitioners seek to quash the proceedings in C.C. 657 of 1993 before Judicial First Class Magistrate, Koothuparamba.

(3.) Heard counsel on both sides.