Offences under Sections 324 and 294(b) IPC quashed; trial to proceed on Sections 447 and 323 IPC.

ORDER

The petitioner is the 2nd accused in CC No.368/2019 on the files of the Judicial First Class Magistrate Court, Wadakkancherry. The allegation against him is that he, along with his minor son, criminally trespassed into the courtyard of the residence of CW2, and inflicted voluntary hurt upon her by hitting with a broom. There is also an allegation that the petitioner and his minor son uttered abusive words. Accordingly, the Final Report has been filed by the Chelakkara Police alleging commission of the offences under Sections 447 , 324 and 294(b) IPC read with Section 34 .

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

3. The learned counsel for the petitioner submitted that the offences under Sections 324 and 294(b) are prima facie not attracted in the facts and circumstances of the case. As regards the offence under Section 447 IPC , it is submitted that a false allegation has been raised against the petitioner and his son. The learned counsel would also submit that the petitioner is a handicapped person who is unable to commit any of the offences as alleged.

4. It appears that the offence under Section 324 IPC is prima facie not attracted in the facts and circumstances of the case, since the weapon of offence alleged to have been used for hitting CW2 is a broom. So also, the prosecution records do not disclose that any obscene words were used by the petitioner and his son to verbally abuse the de facto complainant. That apart, the incident is said to have happened in the courtyard of the house of CW2, which is a private place. Thus, the offence under Section 294 (b) is also not attracted from the facts and circumstances of the case.

5. It appears that the allegations in the Final Report, as disclosed from the statement of witnesses, would bring home the offence of criminal trespass as envisaged under Section 447 IPC and the offence of inflicting voluntary hurt as envisaged under Section 323 . In the above circumstances, the petitioner is liable to face criminal prosecution for the aforesaid offences.

In the result, Crl.M.C is disposed of as follows:

1) The offences under Sections 324 and 294(b) IPC incorporated in the Final Report, are hereby quashed.

2) The learned Magistrate shall proceed with the trial in connection with the offences under Sections 447 and 323 IPC as against the petitioner.

Sd/-