O R D E R

Heard the learned counsel for the petitioners, the learned counsel for the 2nd respondent and the learned Public Prosecutor.

2. What is under challenge is the Final Report in C.C.No.784 of 2014 of the Judicial First Class Magistrate's Court, Nedumkandom, which has arisen from Crime No.812 of 2014 of the Nedumkandom Police Station, for the offences under Section 277 IPC and Section 120 (e) of the Kerala Police Act, 2011 .

3. As per the Final Report, the allegation against the petitioners is that they had, with the intention of polluting the drinking water of the 2nd respondent, being obtained from his well, directed waste water into the property of the 2nd respondent by causing the over flow of a pipe, which was installed by them, through the drainage, after filling the drainage with soil. It is alleged that the waste water has become over flown from the pipe on account of the unprecedented heavy rainfall and it went on to the property of the 2nd respondent, which has polluted the water in the well of the 2nd respondent.

4. At any stretch of imagination, an offence under Section 277 IPC cannot be attracted in the matter as the property and the well in question are not public