G RAVIKUMAR Vs. NAGAPPAN

JUDGEMENT

(1.) Challenging the order of dismissal made under Section 203 of Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") dismissing the private complaint filed by the petitioner, the petitioner has come up with this criminal revision.

(2.) The facts in brief are as follows: On the complaint by the 1st respondent Mr.Nagappan, a case in Cr.No.3 of 2006 for the offences under Sections 417, 493, 376 and 294(b) of IPC and under Section 4 of the Tamil Nadu Prohibition of Women Harassment Act was registered by the 8th respondent, who was the then Inspector of Police, All Women Police Station, Nannilam, Tiruvarur District against the petitioner. According to the allegations in the said FIR, the petitioner, by seducing the 2nd respondent herein, who is the 1st daughter of the 1st respondent, aged 16 years, had sexual intercourse with her, which resulted in delivery of a male child on 13.01.2006. On completing the investigation, the 8th respondent filed a final report against the petitioner, which, on committal was tried by the learned Chief Judicial Magistrate, Nagapattinam in S.C.No.2 of 2007. The respondents 1, 2, 5 to 8 deposed as P.Ws.1, 2, 3, 8, 4 & 14 respectively before the trial Court, apart from few official witnesses. Besides the petitioner there were two more accused. The defence of the petitioner was that he was innocent and he never committed offences for which he was charge sheeted. The learned Chief Judicial Magistrate by judgement dated 31.07.2007 acquitted the petitioner and the other accused. The said acquittal has become final.

(3.) Subsequently, the petitioner filed a private complaint before the learned Chief Judicial Magistrate against the respondents herein alleging that the above case had been falsely foisted against him by the respondents 1 to 8 and during trial of the said case too, in support of the false charges they falsely deposed before the Court. Alleging that the said act of the respondents would amount to offences under Sections 182, 194, 201 212, 115 and 120(B) of IPC, he filed the private complaint. On taking cognizance, the learned Chief Judicial Magistrate proceeded to record the statements of witnesses under Sections 200 and 201 of the Code. As many as 8 witnesses were examined and 65 documents were exhibited. Having considered all the above, the learned Chief Judicial Magistrate dismissed the private complaint under Section 203 of Cr.P.C. The said order is under challenge in this revision.