ORDER

Revision petitioner is the 2nd accused in C.C.No.177 of

2021 on the files of the Chief Judicial Magistrate's Court, Thiruvananthapuram. On 11.10.2021, Crime No.1212 of 2021 of Museum Police Station, Thiruvananthapuram was registered by the defacto complainant alleging offences punishable under Sections 294 (b), 323, 341 and 506 r/w Section 34 of the Indian Penal Code, 1860 apart from Section 118 (a) of the Kerala Police Act, 2011 . Pursuant to investigation, the police filed a final report arraying two persons as accused. It is alleged that the accused who were under the influence of alcohol had, on 11.10.2021, assaulted the defacto complainant and abused him for having questioned the repeated honkings from behind by the accused and thereby committed the offences alleged.

2. Crl.M.P.No.1407 of 2023 was filed by the revision petitioner before the Chief Judicial Magistrate seeking discharge under Section 239 of the Code of Criminal Procedure, 1973. It was pleaded that there was no material in the final report revealing any offence against the 2nd accused and that there is not even any medical evidence to support the alleged hurt caused to the alleged victim and in the absence of