U. SHASHIDHARAN Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) Petitioner, who is aggrieved by registration of Crime No.552 of 2010 of Vellathooval Police Station (subsequently renumbered as CBCID- Eon-II Cr.2/11), now pending in C.C.No.17 of 2012 before the Chief Judicial Magistrate Court, Thodupuzha, has approached this Court seeking following reliefs:

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) Annexue A1 is the FIR in respect of the crime. It is seen that the petitioner and another person were originally booked for offences punishable under Section 447 read with Section 34 IPC and Section 7(a) of the Kerala Land Conservancy (Amendment) Act, 2009. The specific allegation in Annexure-A1 FIR is that the accused persons, with an intention to trespass upon Government property, on a day prior to 19.12.2010, entered into Resurvey No.127 in Block No.13 of Pallivasal Village and constructed 5 sheds. Further, after trespassing into the property they constructed a road also. The case was investigated and ultimately, Annexure-A2 final report is filed. After investigation, the petitioner alone is retained as accused in the case and the other accused person's name had been deleted. It is seen from Annexure-A2 final report that the petitioner trespassed upon Block No.14 in Resurvey No.46 of the same village. That itself is a divergent version.