1. In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is the accused in C.C.No.438/2011 on the file of the Judicial Magistrate of the First Class-I, Muvattupuzha, assails the order taking cognizance for offence under Section 323 of the Indian Penal Code on Annexure 1 complaint filed by the 2nd respondent.

2. The 2nd respondent in Annexure-I dated 3.1.2011 would complain that the petitioner summoned the 2nd respondent, who was a teacher in Ilahia College of Arts and Science, Moovattupuzha to the Police Station on 6/8/2010 and he was Crl.M.C.NO. 4105 OF 2011 2 brutally assaulted and detained. On the next day also he was assaulted and on 8/8/2010 arrest was recorded in Crime No.704/2010 of Moovattupuzha Police Station and produced the 2nd respondent before the Magistrate. The 2nd respondent would further allege that at the time of production, the assault by the petitioner was complained to the Magistrate and that the 2nd respondent was falsely implicated in Crime No.704/2010 and he was in judicial custody for about 92 days and that soon after the release, the 2nd respondent lodged a complaint before the Moovattupuzha Police, but it was