SARASWATHI Vs. STATE

JUDGEMENT

(1.) The petitioners are the mother and the son. They filed this petition praying for quashing of the proceedings in C.C. No. 148 of 1999 on the file of the Judicial Magistrate No. 1, Erode, taken on file for the offences under Sections 294(b) and 506(1), I.P.C.

(2.) According to the prosecution, on 18-8-1999 at about 7.00 a.m., when the first informant Nachimuthu was working in the garden belonged to P.K.N. Murthy, the first petitioner Saraswathi, the wife of Thangavelu and the second petitioner Senthi Kumar, son of the said Thangavelu, who is the neighbouring land owner, came to the garden and asked him not to work in the field, as the said garden was belonged to them and without their knowledge, P.K.N. Murthy purchased the same and in retaliation, the first informant said that he would act only according to the instruction given by his employer P.K.N. Murthy and therefore, both the petitioners abused him stating that if he did not go out of the garden, they would kill him.

(3.) The learned counsel for the petitioners would submit that these allegations would not constitute the offences under Section 294(b) and 506(I), I.P.C. It is also submitted that in respect of the land in question, two suits are pending between the parties.