1. The petitioner, a businessman is the 1st accused in C.C No.767 of 2011 pending before the Judicial First Class Magistrate Court- II, Kollam. The said case originated from a complaint filed by the 2nd respondent as Crl.M.P.No.5943/2010 under Section 190(i)(a) of the Code of Criminal Procedure (for short 'the Code').

2. The allegation in the complaint was that, accused, four in number, restrained the 2nd respondent at 8 p.m on 14.09.2010 while he was moving in a motor cycle through the road near High School Junction, Kollam. It is alleged that the accused attacked the 2nd respondent, questioning him, how he dare to file a case against a lady named Geethu, who is none other than the 4th accused in C.C No.767 of 2011. The Judicial First Class Magistrate Court- II, Kollam has recorded the statement of the de facto complainant and an occurrence witness and arrived at the conclusion that prima facie grounds are existing for proceeding with the matter further and took cognizance of the case on 21.10.2011. In the said circumstances, the petitioners approached this court seeking to quash the said order on the ground that it will not sustain in law.

3. Sri. Abraham John, the learned c