IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
CHACKO – Appellant
Versus
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR – Respondent
ORDER
The accused in C.C No.98/2017 on the files of the Judicial First Class Magistrate Court-I, Hosdurg has filed this petition under Section 482 Cr.P.C to quash the proceedings against him in the aforesaid case.
2. The prosecution case is that on 16.11.2016 at about 8:00 p.m, the petitioner criminally trespassed into the Courtyard of the house of the de facto complainant, and uttered abusive words, and thereby committed the offence punishable under Sections 447 and 294(b) I.P.C. The case has been registered by the Rajapuram Police on 17.11.2016 on the basis of the first information statement given by the de facto complainant. After the completion of the investigation, the S.I of Police, Rajapuram laid the final report against the petitioner alleging the commission of the aforesaid offences.
3. In the present petition, the petitioner would contend that he is totally innocent and that a false case has been foisted against him. It is further contended that the offence under Section 294 (b) I.P.C is not attracted even if the entire allegations of the de facto complainant are accepted as such. The petitioner would further state that a case has been registered against the husband of
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