MUHAMMED KUNHI Vs. MUHAMMED HAJI

JUDGEMENT

(1.) This criminal miscellaneous case was filed by the petitioner, who is the complainant in C.C.No.701/2011 on the file of Judicial First Class Magistrate Court, Payyannur, challenging the order passed by the court below, dismissing the application for permission to take fresh chief examination under Article 227 of the Constitution of India.

(2.) It is alleged in the petition that, the petitioner is the complainant in C.C.No.701/2011 on the file of the Judicial First Class Magistrate Court, Payyannur. He filed a private complaint under Section 190(1)(a) of Criminal Procedure Code (hereinafter called 'the Code') against respondents 1 to 5, alleging commission of the offences under Section 365, 503 and 506 read with Section 34 of the Indian Penal Code, as Ext.P1. The case of the complainant in the complaint was that, the petitioner and his brother were intimidated by the accused persons wrongfully confined them from proceeding in a car and compelled them to pay an amount of 1,40,000/-, which they are not liable to pay and the 3rd respondent, Circle Inspector of Police, Thaliparamba, who did not provide adequate police protection, but connived with other accused persons in the transaction. Though complaints were filed before the authorities, since no action has been taken, he was compelled to file Ext.P1 complaint. The sworn statement of the petitioner was taken on 13.05.2010, certified copies of which were produced as Ext.P2 and P2(a) by the then presiding officer in charge of the court.

(3.) Heard the learned counsel for the petitioner, learned Public Prosecutor and the counsel appearing for the respondent.