ASARIA Vs. PAZHANI SWAMI

JUDGEMENT

(1.) This is a petition filed by the 8 accused persons in C. C. 30 of 1980 on the file of the Additional Judicial 1st Class Magistrate, Palghat to quash the complaint.

(2.) It appears one Machayya, the then Superintendent of the Karappara Estate, Nelliyampathi in Palghat District gave information at the Nenmara Police Station, of an occurrence of house breaking and theft of cardamom said to have taken place from the estate building on 29-4-1979. A case was registered as Crime No. 93 of 1979 and after investigation, it was referred as mistake of fact. 10 months after the occurrence, the present first respondent who is described as an office clerk in the Karappara Estate, filed a private complaint before the same court in regard to the same occurrence. The petitioners want the complaint to be quashed.

(3.) It is argued by the learned counsel for the petitioner that the complainant has no locus standi to lay the complaint, that the estate is under the management of the receivers and therefore the receivers alone can lay complaint, that the complaint having been filed beyond 14 days, that is, the period contemplated in refer notice in Form No. 95 of the Criminal Rules of Practice (T. C. State) the complaint is not maintainable. Even otherwise the complaint is belated and devoid of bona fides.