Criminal prosecution should not continue where property boundary disputes are unresolved and should be addressed through civil courts.

ORDER

This Criminal Miscellaneous case is filed to quash all further proceedings as per Annexure-A5 charge and all further proceedings in CMP No. 2334/2014, which is converted as CC No. 2805/2014 pending before the Judicial First Class Magistrate Court-I, Kottayam.

2. The petitioners are the accused and the 2^nd respondent is the defacto complainant in CC No. 2805/2014 on the file of the Judicial First Class Magistrate Court-I, Kottayam. The offence alleged are under Secs. 427, 434, 441 and 447 r/w 34 IPC . Annexure-I is the complaint filed by the 2^nd respondent against the petitioners before the Judicial First Class Magistrate Court-I, Kottayam. The petitioners are the Principal and other staff of Jawahar Navodaya Vidyalaya. It is a residential school functioning under the Ministry of Human Resource Development, Government of India. It is submitted that around 600 students are studying in the school, in which around 250 of them are girl students. It is also the case of the petitioners that the entire compound of Vidyalaya, which was allotted to it by the Revenue Department is enclosed in barbed wire fencing, which is its boundary. It is the further case of the petitioners that on 11.12.2012 at about 5 pm, the neighboring land owner, the 2^nd respondent herein, illegaly demolished the barbed wire fencing of the Vidyalaya campus border to a length of 150 metres and trespassed into the land of the Vidyalaya. It is the further case of the petitioners that since the campus of the Vidyalaya consists of school building and hostel buildings for the girl students and apprehending their safety due to the act of alleged trespass by the 2^nd respondent, the 1^st petitioner sent a complaint to the District Superintendent of Police as evident by Annexure-A2.

3. Based on Annexure-A2, Crime No.827/2012 was registered by the Mannarkkad Police alleging offences punishable under Sections 427 and 447 of IPC against the 2^nd respondent herein. Annexure-A3 is the First Information Statement. But, it is the case of the petitioners that, eventhough an investigation was conducted, the Police submitted a report stating that, the matter involves civil disputes and the disputed property is to be measured without which the investigation cannot be completed. Annexure-A4 is the report. It is the case of the petitioners that, as a counter blast to the complaint filed by the 1^st petitioner, the 2^nd respondent herein had filed Annexure-A1 private complaint against the petitioners raising false and frivolous allegations. The same was registered as Crime No.928/2014 and now charge sheet has been filed as evident by Annexure-A5. The case is taken on file by the learned Magistrate as C.C. No.2805/2014 for the offences punishable under , 434, 441 and 447 r/w 34 of . It is the case of the petitioners that, the boundaries of the Vidyalaya are clearly defined that they are Government lands given to Vidyalaya by the Revenue Department. The 2^nd respondent's stand seems to be that the barbed wire fencing of the Vidyalaya are inside his property. If such is the case, his remedy is to prefer a civil suit and get his boundaries fixed is the submission of the petitioner. The act of the 2^nd respondent in demolishing the boundary fence of the Vidyalaya has resulted in anti social elements being able to get into the compound of the School threatening the safety of the students of the school. According to the petitioners, they have acted only in accordance with law and the continuation of prosecution based on Annexure-A5 is an abuse of process of court. Hence, this Criminal Miscellaneous Case is filed.

4. Heard the learned counsel appearing for the petitioners and the learned Senior Counsel Adv. Sri. George Thomas instructed by