VINAYACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in CC Nos. 55/94 and 312/94 both pending on the file of the Judicial First Class Magistrate-I, Kanjirappally which came to be instituted by way of a report under S.173 Cr.PC, by the Police, charging the petitioners in both CCs. for offences under S.448 and 427 read with S.34 IPC.

(2.) Cr. MC No. 1264/95 is filed to quash the proceedings in CC No. 55/94 and Crl. MC No. 2226/95 is filed to quash the proceedings in CC No. 312/94.

(3.) Allegation against the petitioners in CC No. 55/94 is that they, on 15.8.1993, sharing their common intention to trespass into the property mentioned in the charge committed mischief and thereby committed offences punishable under S.448 and 427 read with S.34 IPC. Similarly the allegations against the petitioners in CC No. 312/94 is that they, in furtherance of their common intention trespassed into the very same property on 27.4.1994 and thereby committed offences publishable under S.448 and 427 read with S.34 IPC.