KARUPPASAMY Vs. KALLANGKONDAN

JUDGEMENT

(1.) This petition has been filed by the petitioner to quash the charge sheet in C.C.No.228 of 2015 on the file of the Judicial Magistrate, Sankarankovil, Tirunleveli District and quash the same as devoid of merits as against these petitioners. In the impugned order, the learned Judicial Magistrate, Sankarankovil has concluded that the petitioners herein had used filthy language and assaulted the respondent and thus, being satisfied that prima facie case made out in the complaint, the same was taken on file in C.C.No.228 of 2015 for the offence under Sections 166, 177, 450, 417, 324, 294(b) and 506(2) IPC and summons were directed to be issued to the petitioners and posted the case on 10.09.2015.

(2.) The case of the petitioners is that the 1st petitioner borrowed a sum of Rs.1,00,000/- (Rupees one lakh only) from the respondent and had executed certain documents. However, misusing the same, the respondent tried to exercise the rights as that of his own land. In such circumstances, the 1st petitioner filed a complaint before the Inspector of Police, Karivalamvanthanallur, Tirunelveli District on 29.01.2015. On the basis of the said complaint, FIR in crime No.24 of 2015 has been registered against the respondent for the offence under Sections 341, 294(b), 506(i), 499 and 500 IPC.

(3.) The respondent, thereafter, filed a private complaint under Section 156(3) Cr.P.C. before the learned Judicial Magistrate, Sankarankovil, which was taken on file in C.C.No.228 of 2015, which is under challenged in this criminal original petition. It also appears that the 1st petitioner has filed a suit in O.S.No.174 of 2015 before the learned Principal District Munsif, Sankarankovil for the relief of declaration and permanent injunction against the respondent.