IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY THURSDAY, THE 25TH OCTOBER 2007 / 3RD KARTHIKA 1929 Crl.Rev.Pet.No. 1011 of 1999 -------------------------------------- CC.459/1995 OF JUDL.MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY .............................................. REVN. PETITIONER/C.W 1(P.W.1): ----------------------------------------------- SANKARA KURUP, (WRONGLY STATED AS SANKARA PILLAI), PUTHELIL VEEDU, KOTTAKKUPURATH MURI, ATHINADU NORTH, KULASEKHARAPURAM, KARUNAGAPPALLY. BY ADV. SRI.V.N.ACHUTHA KURUP RESPONDENTS/ACCUSED 1 TO 3 AND STATE ----------------------------------------------------------------- 1. THANKAPPA PANICKER, PALOOR VEEDU, KOTTAKKUPURAM MURI, ATHINADU NORTH, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY. 2. KRISHNAKUMAR , -DO- -DO- 3. THANKAMMA, -DO- -DO- 4. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.B.KRISHNA MANI SRI.V.PREMCHAND PUBLIC PROSECUTOR SRI. K.C.SANTHOSHKUMAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY, J. ------------------------------------- Crl.R.P.No.1011 OF 1999 --------------------------------------- Dated 25th October, 2007 ORDER The revision petitioner is PW1 in C.C.No.459/95 before the Judicial First Class Magistrate, Karunagappally. Respondents 1 to 3 are the accused of offences punishable under Sections 447 and 427 read with Section 34 of the Indian Penal Code. The main complaint was that on 4.5.1994 the accused criminally trespassed into the property of the revision petitioner in Survey No.2447 of Clappana Village. On the basis of the evidence, Magistrate's court found that the accused were in possession and, therefore, there cannot be any criminal trespass. In any event, if there is any dispute regarding the title or possession, it is for the parties to approach the civil court. Already there is a civil suit. Therefore, I see no ground to interfere with the order of acquittal passed by the learned Magistrate. The revision petition is dismissed. J.B.KOSHY Judge tks