ASHOK NANJAPPA Vs. STATE

JUDGEMENT

(1.) THE accused in C.C.No. 562 of 1990 on the file of Judicial Magistrate, Kodaikanal, have filed this petition under Sec.482, Crl.P.C. praying to call for the records in the above case and quash the same.

(2.) SHORT facts are: The respondent has filed the charge sheet against the petitioners for offences under Secs.447, 427, 379 and 109, I.P.C. On 3.11.1989 at about 6 a.m. at Ananda Ashramam near Fairy Falls Road, accused 1 to 4, voluntarily with the criminal intention trespassed into Srinivasagam's pathway and entered into his premises and demolished his compound wall measuring about 250 ft. x 5 ft. valued at about Rs.25,000 and demolished the pillars at the entrance. Thus, the accused have caused damages to P.W. 1's compound wall and pillars and hence, they are liable to be punished under Secs.447 and 427, I.P.C. In the course of the same transaction, the above accused, voluntarily with intention to commit theft have taken the two iron gates dishonestly from the possession of P.W.1 and the value of the same is Rs. 10,000 and, thus, they are liable to be punished under Sec. 379, I.P.C. Accused No. 5 owner of the Ananda Ashramam New Cottage, and neighbour of P.W.1, has abetted accused 1 to 4 to commit the offence, and hence, accused No. 5 is liable to be punished under Sec. 109, I.P.C.

(3.) I have carefully considered the submissions made by rival counsels.