DORAIRAJ AND ANOTHER Vs. SIVALINGAM

JUDGEMENT

(1.) THE two petitioners question the propriety of the order of the Sub -Magistrate of Pannier who held that the miscellaneous petition filed by the two petitioners objecting to their trial on the ground of the bar Imposed by S. 403 Criminal Procedure is net Code maintainable. In order to appreciate the legal objection raised by the two petitioners before the court of the Sub -Magistrate, Ponnerl for their trial for an offence under S. 379 read with S. 34 I.P.C., on the basis of a private complaint by one Sivalingam Mudallar, the respondent herein, It is necessary to detail a few facts.

(2.) THE respondent complained to the police on 24th December 1969 that there was theft on the midnight of 23rd December 1969 in his field when the two petitioners trespassed Into his patta land and committed theft of standing crops of paddy worth Rs. 100, and the further allegation In his complaint is that the two petitioners took away the property from the field. The Sub Inspector of Police, one Krishna Kurup registered the complaint In Cr. No. 106 of 1969 of Padirvedu Police Station. On 31st December 1969 a charge sheet was filed for an offence under S. 379 I.P.C. against the two petitioners. Evidently a charge was framed against the two petitioners and thereafter P.W. 1 was examined on 5th March 1970. It transpires that subsequently, the said case was transferred to the file of the Sub -Magistrate, Trivellore as C.C. No. 1556 of 1970. On 23rd July 1970 the Assistant Public Prosecutor No. 1 Chingleput fled an application for withdrawal under S. 494 Crl. P. C The Sub Magistrate, Trivellore passed the following order: - -

(3.) BUT the respondent did oat allow the matters to rest there. He filed a complaint In C.C. No. 3549 of 1970 on the file of the Sub -Magistrate, Ponneri, wherein the averment is as follows: