IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
LIN LAWRENCE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. court's observation on contradictions in allegations. (Para 3 , 6 , 7 , 9) |
| 3. arguments presented by both parties. (Para 4 , 5) |
| 4. legal basis for quashing firs under certain circumstances. (Para 8) |
ORDER
The petitioner is the sole accused in S.T.No.232/2023 on the file of the Court of the Judicial Magistrate of First Class-I, Thrissur (Trial Court), which has originated from Crime No.605/2022 registered by the Cherpu Police Station, Thrissur, on the basis of Annexure A1 FIR and private complaint filed by the second respondent alleging the commission of the offences punishable under Section s 447 , 341, 506 and 323 of the Indian Penal Code (‘ IPC ’, for short). However, the Investigating Officer has filed Annexure A2 final report, alleging that the petitioner has committed the offence under Section 341 of the .
2. The case of the second respondent in Annexure A1 FIR and the private complaint, in essence, is that: on 23.12.2021, at around 9:00 hours, the accused (petitioner) trespassed into the property of the second respondent with the intention to destroy the second respondent’s property and attempted to tie a wire
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