C MANOHAR Vs. M RADHAKRISHNAN

JUDGEMENT

(1.) ONE M.Radhakrishnan had been dealing in goods on commission basis in his Mandy situate at No.35, Timber Depot Lane, Virudhunagar. On the morning of 31.5.1985, the Commercial Tax Department Personnel, namely, one C.Manoharan, Commercial Tax Officer; S.Kalyanasundram, Inspector, G.Paul, Office Assistant and Govindan, Jeep driver, it is said, went to the Timber Depot Lane, in their office jeep TDR 810, for surprise inspection, obviously with a view to detect evasion, if any, of the legitimate tax due to the Government. At that time, they happened to see unloading of goods in the said commission mandy. All of them, it is said, went to the said commission mandy and after divulging their identity, the enquired the said Radhakrishnan as to whether the goods that had been unloaded were covered by invoices and other proper documents. On the emergence of such a question, the said Radhakrishnan got wild and questioned their propriety of demanding documents for the unloading of goods, when especially they had not performed such a feat in respect of other traders. The Office Assistant at that time appeared to have reminded him that it was none of his business to talk of other traders and if at all, he could confine himself as to the trade activity of his. No sooner he said so than Radhakrishnan went into rage, hurled wild abuses and attempted to beat him by catching hold of his shirt. The Commercial Tax Officer, not remaining passive, actually went to the rescue of the Office Assistant and in such process, he caught hold of the hands of the said Radhakrishnan, who, in turn, was stated to have bitten his hand causing bleeding injuries to his middle finger. Thereafter, all of them got into the jeep and the Commercial Tax Officer mandated the jeep driver to proceed to the police station for the purpose of lodging a complaint. The said Radhakrishnan caught hold of the steering wheel of the jeep and prevented them from proceeding further. All of them somehow or other got the clutches and the hold of the steering wheel by the said Radhakrishnan released and wont to Virudhunagar Police Station and lodged a complaint before the Station House Officer as against the said Radhakrishnan, which was registered as a case in Crime No.320 of 1985 for alleged offences under Secs.341, 353 and 332 of the I.P.C. (Act No. XLV of 1860, for short ?I.P.C.?)

(2.) THE said Radhakrishnan also lodged an information before the very same police alleging that while he was in his house on the morning of the day of the occurrence, he was informed that his servant Selvarajan, stated to be looking after the transaction in the commission mandy, had actually been threatened by the personnel belonging to the Commercial Tax Department; that he immediately rushed there; that he was prevented from entering into the Mandy by those personnel; that C.Manoharan, Commercial Tax Officer, demanded Rs.3,000 by way of mamool or otherwise, his commission mandy would be ransacked by raid and search; that he did not budge an inch for such an issuance of a threat; that he told them that if they wanted to do so, it is their privilege; that on hearing the same, C.Manoharan, Commercial Tax Officer, exclaimed, how dare enough he was to speak like that and so saying, he mandated him to get into the jeep; that he refused todo so; that C.Manoharan, Commercial Tax Officer throttled his neck; that with a view to save himself from perilous consequences, he somehow or other wriggled out of such clutches; that at that time, G.Paul, Office Assistant snatched Rs.1,000 by inserting his hand into his shirt pocket with such force that his shirt got torn; that S. Kalayanasundaram, Inspector beat him with his hands as a consequence of which he got bleeding injury on his lower lip; that thereafter, all of them took him into the jeep by force and left hint at Sivakasi By-pass Road and went away and this occurrence was known to his servant Selvaraj and one Lakshmana THEvar. THE same was registered as a case in Crime No.321 of 1985. THE information so lodged by him was stated to have been referred as ?mistake of fact? by not conducting impartial investigation and referred notice was stated to have been served on him on 19.6.1985.

(3.) AGGRIEVED by the dismissal, accused 1 to 4 filed Crl.R.P.No.3 of 1987 on the file of the Court of Session, Ramanathapuram at Madurai, which also merited dismissal leading to the present action under Sec.482 of the Code.