M VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) This Petition is filed, seeking a direction to call for the records in C.C. No. 168 of 2010 on the file of the learned Judicial Magistrate No. II, Salem and to quash the same.

(2.) The learned Counsel for the Petitioner submits that, in between 9.10.1999 and 3.11.2009, a theft took place in the residence of the Petitioner, in which, a Kodak Camera and cash of Rs. 1,900/- was stolen. The Petitioner gave a Complaint to the Respondent Police on 10.12.2009 and the same was registered in Cr. No.2221 of 2009 for the offence punishable under Section 380, I.P.C. against on Jamludeen and four others.

(3.) The learned Additional Public Prosecutor stated that the Respondent investigated the matter for the offence punishable under Section 380, I.P.C. and on conclusion of investigation, charge for the offence under Section 380, I.P.C. as against the proposed accused was dropped and a charge for the offence punishable under Section 211, I.P.C. for giving false Complaint was filed by the Respondent before the learned Judicial Magistrate and the same was taken on file in C.C. No. 168 of 2010. challenging the final report filed against the Complainant himself, the Petitioner is before this Court.