THOMAS Vs. VARGHESE

JUDGEMENT

(1.) The revision petitioner who is the de facto complainant in C.C. 1099/ 2004 on the file of the JFCM, Chalakkudy alleging the commission of offences punishable under Sections 188 and 427 IPC, challenges the order passed by the learned Magistrate, discharging the accused. The first respondent herein is the accused in the said case.

(2.) The case of the prosecution in brief is as follows :-

(3.) After taking cognizance of the aforesaid offences, the learned Magistrate issued notice to the accused. The accused appeared and was enlarged on bail. Thereafter the learned Magistrate posted the case for framing the charge. An interlocutory order passed by the Munsiffs Court, Kodungallur in O.S. 615/2003 to the effect that the defendant/accused is not liable for the collapse of the boundary wall, was produced by the accused at that stage. Relying on the interlocutory order passed by the Civil Court, the learned Magistrate, as per the impugned order dated 15-9-2006, discharged the accused under Section 254 Cr.P.C. Hence this revision.