ANSARI ARIFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused in a prosecution for offences punishable under Sections 447, 427 and 294 (b) read with 34 I.P.C. Proceedings have been initiated on the basis of an F.I statement lodged by the 2nd respondent herein. It is the case of the 2nd respondent that the property in question - 15 cents of land, belongs to his daughter and son-in-law. The 2nd respondent is allegedly in possession of the property on behalf of his daughter and son-in-law. The crux of the allegations against the petitioners is that they on 21.10.2002 at 1 p.m committed criminal trespass into the property in the possession of the 2nd respondent. They allegedly indulged in acts of mischief in the property. It is further alleged that the offence punishable under Section 294 (b) I.P.C was also committed by the petitioners.

(2.) After due investigation, the police filed final report and on the basis of the said final report, cognizance has been taken by the learned Magistrate.

(3.) The petitioners have, in these circumstances, come to this Court with the plea that the allegations raised against them - are not sustainable, are false and are raised with vexatious intent. In these circumstances, powers under Article 226/227 of the Constitution may be invoked to prematurely terminate the proceedings against the petitioners, it is prayed.