ORDER

The petitioner is the accused in ST No.405/2019 on the file of the Judicial First Class Magistrate Court, Adimaly. The aforesaid case is registered on the basis of Annexure A9 private complaint submitted by the 1st respondent herein. The offence alleged against the petitioner is under Section 500 of Indian Penal Code.

2. The facts leading to the registration of the said case are as follows: The petitioner is the Secretary of Adimaly Grama Panchayath. The first respondent is Adimaly Bar Association representing Lawyers practicing in various courts in Adimaly. The 1st respondent Association is in possession of a building in the court premises which is intended for use of its members. The aforesaid building was apparently constructed by the Government and the exclusive possession thereof was provided to the 1st respondent Association and its members. On 17.10.2018, the petitioner herein issued a notice demanding property tax in respect of building which is occupied by the 1st respondent Association. As the name of the owner of the building as entered into the register of the Panchayath was Executive Engineer, Bar Association, Annexure A1 notice was issued in that name. The amount assessed was Rs.11,527/- pertaining to the assessment years 2013 to 2019. There was no response from the 1st respondent to Annexure A1.

3. Subsequently, on scrutiny of the records it came to the notice of the petitioner that the aforesaid building was wrongly linked with the old number of the another building which was a Police quarters. Immediately upon realizing the said mistake, a further communication was issued addressing to the President/Secretary, Bar Association, Adimaly on 31.01.2019. In the aforesaid notice it was specifically mentioned that the earlier notice was sent, as the existing building number of the said building was wrongly linked with old number of another building. In the aforesaid communication the 1st respondent was also informed that the Panchayath does not have any details as to the construction of the building which is occupied by the Bar Association and since the details of permit, plan etc are absolutely necessary for making an assessment of the same for property tax, the 1st respondent Association was required to furnish those details.

However, there was no response from the part of the 1st respondent in connection with the same. Later on 05.03.2019 the petitioner issued a communication to the Junior Superintendent, Judicial First Class Magistrate Court, Adimaly seeking the aforesaid details. As per Annexure A4 communication dated 06.03.2019, Annexure A3 notice was forwarded by the Judicial First Class Magistrate, Adimaly to the 1st respondent Association for taking necessary action. As there was no response, the petitioner issued Annexure A5 communication dated 19.03.2019 to the Registrar of High Court of Kerala informing that the aforesaid details are not being furnished by the 1st respondent Association despite repeated notice and requested for interference from the part of the Registrar of the High Court of Kerala in the matter for completing the process of taxation.

4. Subsequently, Annexure A6 notice dated 08.04.2019 was issued by the 1st respondent to the petitioner herein. In the said notice it was informed that the aforesaid building is belonging to the Government and the 1st respondent is only an occupier. The aforesaid building was renovated by Pubilc Works Department, using the funds of Member of parliament. It was pointed out that the said building is used for conducting Adalaths and Camp Sitting of Family Court, MACT, etc.

5. Upon receipt of Annexure A6 the petitioner issued Annexure A7 communication addressed to the Judicial First Class Magistrate Court, Adimaly for furnishing the details of utilization of funds of Member of Parliament for construction of the same. In response to the same, the petitioner received Annexure A8 communication dated 15.05.2019, wherein it was informed that reconstruction of Bar