(1.) The petitioners, who are facing prosecution in case pending in H.R.C.C. No. 2 of 2004 on the file of the learned Principal Sessions Court cum Human Rights Court, Erode seek to quash proceedings as against them.
(2.) The respondent herein has preferred a complaint before such Court informing that the petitioners had borrowed a sum of Rs. 1,25,000.00 from the respondent/ complainant and issued a cheque dated 2/4/2004. The cheque, when presented for collection, was dishonoured for want of funds. The respondent/complainant has filed a complaint in C.C. No. 401 of 2004 before the learned Judicial Magistrate II, Erode on 6/8/2004. When the respondent was waiting before the Court hall on 6.8.2004, two police constables attached to District Crime Branch, Erode, who are arrayed as accused No. 5 and 6 in the case before the lower Court, assaulted the respondent in the presence of the public. Though, the petitioners had not been present at the place of occurrence, the respondent/complainant had alleged that the assault had taken place with the connivance of the petitioners. Hence, the police personnel as also these petitioners are said to have committed offences punishable under the Protection of Human Rights Act, 1993 (hereinafter referred to as Act).
(3.) The short point taken by the learned counsel for the petitioners is that the admitted position is that these petitioners are not public servants. A Division Bench of this Court in Santhosh Hospitals Private Limited v. State Human Rights Commission and Others (2005) 3 MLJ 406 : (2005) 2 MWN (Cr.)46 (DB) has held that the Act would apply only in respect of violations of human rights committed by a public servant. As such, these petitioners, who are not public servants could not be prosecuted for the offence alleged against them under the Act.