IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.MC NO. 2449 OF 2020 CRIME NO.494/2017 OF HILL PALACE POLICE STATION, ERNAKULAM CC NO.939 OF 2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA PETITIONER/2ND ACCUSED: GOWRI SHANKER, AGED 39 YEARS S/O. H.R.S. PRAKASH, NO.46, 2ND CROSS ROAD, SANJAY NAGAR, MARUTHAHALLY P.O., BANGALORE, PIN-560037, BANGALORE DISTRICT, KARNATAKA STATE. BY ADVS. SRI.ANEESH JAMES SRI.JIJO THOMAS SMT.M.D BEENA RESPONDENTS/STATE AND DE FACTO COMPLAINANT: 1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682011. 2 MR. ANIL KUMAR, AGED 50, S/O. NARAYANA PILLAI, SURYAN HOUSE, HOSPITAL ROAD, NEAR POOJA CRICKET GROUND, THRIPUNITHURA, PIN-682031, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV SRI.BIBIN KUMAR SMT SEETHA S, SR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27585 Crl.M.C No.2449/2020 2 ORDER The petitioner is the 2nd accused in CC No.939/2017, on the files of the Judicial First Class Magistrate Court, Tripunithura. The offences alleged against him are under Sections 447 and 427 IPC read with Section 34 IPC. 2. The prosecution case is that on 9.3.2017, the petitioner, along with the 1st accused, criminally trespassed into the sitout of the house of the de facto complainant, and committed mischief by writing with black paint upon the gate and walls of the said house that the above property is mortgaged to a private financial institution. The case has been registered by the Hill Palace Police, Ernakulam city, on 12.3.2017, on the basis of the First Information Statement given by the de facto complainant. After the completion of the investigation, the SI of Police, Hill Palace Police Station, laid the Final Report. 3. In the present petition, the petitioner would contend that the offence alleged in this case will not be attracted even if the entire accusations levelled by the de facto complainant, are accepted in totality. 4. The matter was referred for mediation on the basis of the 2025:KER:27585 Crl.M.C No.2449/2020 3 submissions of the counsel representing both sides, on 13.11.2024. However, the Nodal Officer of the High Court Mediation Centre, Ernakulam, submitted a report dated 26.12.2024, stating that the mediation could not be conducted, since the petitioner did not turn up. On 13.3.2025, when the matter was taken up for consideration, the learned counsel for the petitioner submitted that he has relinquished the vakalath of the petitioner. Accordingly, the case was adjourned to this date. 5. When the matter is taken up for consideration today, there is no representation for the petitioner. 6. Heard the learned counsel for the 2nd respondent and the learned Public Prosecutor representing the State of Kerala. 7. It is seen from the Final Report and the accompanying records that the Investigating Agency had garnered the requisite materials to substantiate the offence alleged against the petitioner. CW2 is the witness who is said to have seen the incident, which took place at the residence of the de facto complainant. The allegations levelled against the petitioner would constitute the requisite particulars of the offence of criminal trespass and mischief alleged against him. Therefore, the petitioner cannot seek exit from facing the trial before the learned Magistrate. The truth or falsity of the 2025:KER:27585 Crl.M.C No.2449/2020 4 allegations in the final report are to be tested in the trial before the learned Magistrate. In the above circumstances, the prayer in this petition to quash the proceedings against the petitioner cannot be entertained. In the result, the petition is hereby dismissed. Sd/- G.GIRISH JUDGE IAP 2025:KER:27585 Crl.M.C No.2449/2020 5 APPENDIX OF CRL.MC 2449/2020 PETITIONER’S ANNEXURES: ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.494/2017 OF THE HILL PALACE POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED 28/03/2017 IN CRIME NO.494/2017 OF THE HILL PALACE POLICE STATION ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THRIPUNITHURA.