ORDER

Petitioner is the sole accused in C.C.No.394/2002 pending before the Judicial First Class Magistrate Court, Payyannur. The second respondent herein is the de facto complainant. The prayer is to call for the records leading to C.C.No.394/2002 on the file of the Judicial First Class Magistrate Court Payyannur and to quash the same. It is also prayed for setting aside Annexure-A2 Charge Report and Annexure-A4 order dated

4.7.2005 of the court below.

2. The allegation against the petitioner is that he was entrusted with seven wooden windows on 5.5.2002 but the same were taken for his own use without the consent of the defacto complainant and thus the accused has committed the offence punishable under Section 406 of IPC. On the basis of the information furnished in Pazhayangadi Police Station, crime No.226/2001 was registered and after investigation, the police has filed Annexure-A2 final report before the court below, on the basis of which C.C.No.394/2002 was instituted. Annexure-A1 is the F.I.R in Crime No.226/01 of the Pazhayangadi Police Station.

Annexure-A2 is the final report and Annexure-A3 is the copy of the order of this Court in Crl.M.C.No.5846/2001 and Annexure- A4 is the