SHETTY VISWANATHAN Vs. DORAISWAMY

JUDGEMENT

(1.) SHETTY Viswanathan is the petitioner. He is aggrieved by the order passed by the Sub -Magistrate No. 1. Salem is C.M.P. No. 1037 and 1042 of 1970, holding that proceedings are competent in spite of the lack of a complaint in writing by the Sub -Magistrate who tried and disposed of the case in C.C. No. 4267 of 1969. Therefore, the petitioner has fled the above revision against the order of the Sub Magistrate No. 1.

(2.) THE petitioner has also filed C.M.P. No. 629 of 1971 with a prayer for quashing the proceedings in F.R.C. No. 9 of 1970 on the file of the Court of the Sub -Magistrate No. 1, Salem.

(3.) ON 16th November 1969, the petitioner filed complaint with certain averments against one T.K. Doraiswami and his adherents. Doraiswami, the respondent herein, was, according to the accused -petitioner, driving the bus, when Viswanathan (petitioner) was keeping to the extreme left, while coming from Fairylands Extension is his scooter. According to him, the bus driven by Doraiswami willfully dashed against his scooter. As a result of this, the scooter and himself were thrown out of the road and he fell down. The bus had about 3 or 4 persons in it. His further allegation against Doraiswami is that the dashing of the bus against the scooter was purposely done with a view to cause death or at least very serious bodily Injury to him which might permanently disable him for life. He had therefore asked little some action to be taken in proper proceedings against the Shetty Doraiswami and his adherents. These, in brief, were the vital allegations in the complaint filed by Viswanathan on 16th November 1969 before the Hasthampatti Police station. This come plaint ultimately ended is the Hasthampatti Police charge -shooting one drives Shanmugam, who pleaded guilty and paid a fine amount of Rs. 75 on 25th November 1969. On 18th September 1970, Doraiswami filed a complaint, wherein he had stated in paragraphs 4 and 5, as follows: