O R D E R

This Criminal Miscellaneous Case is filed to quash the proceedings in CC No.1258/2015 on the file of Judicial First Class Magistrate Court-I, Kochi. The petitioner is the accused in the above case.

2. The crime was registered based on the statement recorded from the 2^nd respondent alleging that he is a person who was conducting a shop near Katari Bagh and one Mr. Joshi and 8 other persons, who are identifiable by sight, assaulted the defacto complainant and on the basis of this allegation, the crime was registered alleging offences punishable under Sections 143, 146, 147, 294(b), 323, 427 and 447 of IPC.

3. After investigation conducted by the 1^st respondent, a final report was submitted before the trial court against five named persons alleging offences punishable under Sections 143, 146, 147, 294(b), 323, 427 and 447 of IPC. Annexure-1 is the Final Report. The petitioner was not arrayed as an accused in the above case. The case was taken on file as CC No.1258/2015 before the Judicial First Class Magistrate Court-I, Kochi. It is the case of the petitioner that no protest complaint is filed by the defacto complainant. But, a petition was filed by the defacto complainant und