O R D E R

The revision petitioner herein is the 1st accused in Crime No.591/1998 of the Pala Police Station, registered under Sections 452 and 353 IPC read with Section 34 IPC. The 2nd accused in the crime could not be identified during investigation, and so, the police submitted final report against the 1st accused in court. The 1st accused faced trial before the Judicial First Class Magistrate Court – I, Kottayam in C.C. No.1250/2000, on the allegation that he and the unidentified 2nd accused trespassed into the Nazarate of the Sub Court, Pala at about 11 a.m. on 1.12.1998, with the object of taking some photographs, and when a process server objected and obstructed the same, the 1st accused slightly pushed him aside, and both the accused left the Nazarate with the photographs taken. The police registered the crime on the complaint made by the said process server, and after investigation, the police submitted final report against the 1st accused. He appeared before the learned Magistrate and pleaded not guilty to the charge framed against him under Sections 452 and 353 IPC read with Section 34 IPC.

2. The prosecution examined nine witnesses, and proved Exts.P1 to P7 documents in th