O R D E R

This Criminal Miscellaneous case is filed to quash the proceedings in CC No. 1597 of 2017 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram arising from Crime No. 1109/2015 of Poojappura Police Station. The above case is charge-sheeted alleging offences punishable under Secs. 447, 427 r/w 34 IPC .

2. According to the petitioner, even if the entire allegations are accepted, no offence is made out. It is the definite case of the petitioner that the alleged trespass is to a place, which is a pathway. According to the petitioner, the title of that property is with the petitioner. The counsel submitted that Sec. 447 IPC is not attracted in such situation and Sec. 427 is to be quashed, because it is a non- cognizable offence and even then, the learned Magistrate had taken cognizance without permission under Sec. 155(2) Cr.P.C. I am of the considered opinion that these are contentions to be raised before the trial court, at the appropriate stage, especially because, all the contentions raised by the petitioner are disputed by the 2^nd respondent.

3. The counsel for the petitioner submitted that the petitioner may be allowed to file an applicatio