ORDER

This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023..

2. The petitioners are accused Nos.1 and 2 respectively in Crime No.548/2025 of the Kodanadu Police Station. The offences alleged against the petitioners are punishable under Sections 115(2), 118(1), 117(2) and 329(3) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case as narrated in Annexure A3 order reads thus:-.

“The defacto complainant and accused are neighbours. There was property dispute between the persons. The complainant has cut and removed a mahogany tree on the boundary of the property. Out of the said animosity on 06.07.2025 at about 09.30 a.m. the first accused assaulted the defacto complainant. He fell down and he has been stamped causing fracture of his ribs. The second accused has also assaulted the defacto complainant and he has beaten on the left thumb of the defacto complainant and they have also assaulted him with a wooden stick causing serious injuries to him” (sic).

4. Heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.

5. The learned counsel for the petitioners submitted that the issue arose from a