BINU KUMAR Vs. RAJENDRAN

JUDGEMENT

(1.) The petitioners are accused in a prosecution launched against them under Sections 323, 324, 294(b) and 506(i) r/w. 34 I.P.C. Proceedings have been initiated against them on the basis of a private complaint filed by the first respondent/complainant. In the said complaint the first respondent/complainant had raised allegations about an incident which had allegedly taken place at 10.30 p.m. on 26.6.2000.

(2.) The learned counsel for the petitioners contends that this is an eminently fit case where the powers under Section 482 Cr.P.C. can and ought to be invoked to quash the proceedings. The learned Magistrate has taken cognizance in total disregard of the established principles. The learned Magistrate has not alertly applied his mind to the relevant circumstances at all. This has been a mechanical act of issuing process against the accused without due, careful and cautious application of mind. The learned Magistrate appears to have totally disregarded the trauma to which a person will be subjected to if a criminal adjudicatory process were undeservedly initiated against him.

(3.) The complainant alleged in the complaint that at 10.30 p.m. on 26.6.2000 the three accused persons - petitioners herein - had gone to the tea shop of the complainant and had indulged in the alleged overt acts. Prior animosity is said to be the alleged motive. In the complaint it is alleged that the complainant had gone to the police station on the same day and had lodged a complaint. The police had referred him to the doctor and he was treated as an inpatient, it is stated in the complaint.