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. Thecase of the prosecution in brief is as follows:-

The accused knowing that he is restrained by an order of temporary injunction issued by the Munsiffs Court, Kodungallur in I.A.1172/2003 in O.S.615/2003, cut open a drain along with the western boundary of the property. The above act was done with the knowledge that the said act would cause injury and harm to the complainant. On account of the above act of the accused, the boundary wall fell into the property of the accused. The accused also destroyed the stones of the demolished boundary wall resulting in a loss of Rs.12,000/-to the complainant. The accused has thereby committed offences punishable under Sections 188 and 427 IPC.

3. After takingcognizance of the aforesaid offences, the learned magistrate issued notice to the accused. The accused appeared and was enlarged on bail. Thereafter th