PALANIYAPPAN Vs. K. KUMAR @ RAMESHKUMAR

JUDGEMENT

(1.) This Criminal Original Petition has been filed praying to quash the proceedings in STC.No.828 of 2014 on the file of the learned Judicial Magistrate V, Salem.

(2.) The brief facts of the case is that due to civil dispute, on a private complaint filed under Section 200 of Cr.P.C., before the learned Judicial Magistrate V, Salem, against the petitioners and 8 others, the learned Judicial Magistrate taken cognizance over the above complaint under Section 147, 323, 506(ii), 447 and 120(b) IPC and issued summons to the petitioners herein. Hence, the petitioner is before this Court with the aforesaid prayer.

(3.) The learned counsel appearing for the petitioner would submit that with respect civil disputes between the respondent's family and one Raja and others, civil Suits were filed between them in O.S.No.718 of 2007 and O.S.No.138 of 2008. Subsequent to that, on 07.05.2011, there was some dispute while removing pipe line connection with respect to the property, which is the subject matter of the above suit. Pursuant to which, the respondent herein attacked the 2 nd accused in the above case and made a complaint before the Inspector of Police, Kondalampatti Police station and they registered a complaint in Crime No.485 of 2011 under Section 294(b), 323 and 506 (ii) IPC. Pursuant to that, the respondent herein to the counter blast foisted a complaint in Crime No.486 of 2011 under Section 147, 294(b), 341 and 323 IPC. It was further contended that after investigation, the Inspector of Police, Kondalampatti Police station filed final report in Crime No.385 of 2011 and referred the complaint as mistake of fact on the complaint of the respondent registered in Crime No.386 of 2011. Later, after three years from the said occurrence, the respondent herein filed the above complaint under Section 200 Cr.PC., and the same was taken cognizance under Sections 147, 323, 506(ii), 447 and 120(b) IPC.