ORDER

Dated this the 17^th day of October, 2025

The petitioner is the accused in C.C.No.1835/2019 on the file of the Court of the Judicial First-Class Magistrate – II, Neyyattinkara, which originates from Crime No.397/2015 of the Thiruvallam Police Station, for allegedly committing the offences punishable under Sections 294 (b), 323, 447 and 506 (i) of the Indian Penal Code . Although in Annexure I FIR the offences under Sections 13 and 17 of the Kerala Money Lenders Act, 1958, were included, in Annexure III final report, the said offences were deleted.

2. The gravamen of the prosecution's case is that, on 28.02.2015, at about 14.30 hours, the petitioner caught hold of defacto complainant’s shirt, abused him in vulgar language, slapped him on his cheek, beat him on his left eyebrow, kicked him on his right shoulder and back and directed him to return the borrowed money.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned Counsel for the petitioner submits that the case of the prosecution is misconceived and untenable. She submits that the defacto complainant was a close friend of the petitioner. On learning that the petitioner was