JAYARAJAN Vs. STATE

JUDGEMENT

(1.) THIS revision is filed by the complainant in RCS No.6/87 on the file of the learned Sub Divisional Judicial Magistrate, Gudalur, Nilgiris District, against the order made in RCS No.6/87 dt. 16 -2 -1987. The lower court passed an order on 16 -2 -1987 dropping out the First Information No. 45/83 dt. 20 -5 -1983 of Cherambadi Police Station, Nilgiris District accepting the final report 7/86 dated 30 -9 -1986 and also the reply dated 6 -1 -87 filed by the Investigating Officer stating that the Government of Tamilnadu ordered dropping of further action only after going through the legal aspect of implications. The Investigating Officer has stated in the reply dated 6 -1 -87 that he has no further clarifications. Accepting the report sent by the Inspector of Police, further action was dropped. Aggrieved with this order of the lower court, the criminal revision petition is filed.

(2.) THE facts of the case are relevant for appreciating this revision. As per the report submitted by the Inspector of Police P. Raghunathan, Crime Branch, CID, Coimbatore, on 20 -5 -1983 at about 11.30 hrs. four Kerala Police personal, namely, Pulikodan Narayanan, Inspector of Police, Cannanore Rural Circle, Srisugan, Inspector of Police, Tellicherry Circle, Ravindran, Head Constable, Cannanore Rural Police Station and Sukumaran, Police Constable No. 1850, came in a private matador Van KLN 8845 driven by Jayanandan, a private individual and stopped in front of the cloth shop of Jayarajan, S/o Kunhikannan of Pandalur Bazaar. Pulikodan Narayanan had gone into the shop of Jayarajan and ask him to accompany them. Then Jayarajan with one Kaliaperumal, a tailor in his shop accompanied him. Pulikodan Narayanan wanted Jayarajan and Kaliaperumal to sit in the Van. Pulikodan Narayanan said that they could go in the van itself and then every one got in. But the vehicle did not stop in front of the shop of Jayarajan and it proceeded ahead. Both Jayarajan and Kaliaperumal tried to shout and they were beaten by Pulikodan Narayanan and his party. The vehicle went to a place near Mango range post office and stopped. The police officers questioned Jayarajan about some gold jewels and threatened to kill him if he did not produce the jewels. Jayarajan told them that the jewels were kept in locker at Syndicate Bank, Ooty. Therefore party proceeded to Ooty and took out the jewels and handed over to Police. Then the party along with Jayarajan and Kaliaperumal returned to Gudalur. On the way, Pulikodan Narayanan and Srisugan beat Jayarajan and Kaliaperumal and threatened that he should hand over whatever cash available in his shop and give cheque for Rs. one lakh also. Jayarajan begged to spare his life and promised to do as ordered. However the public of Pandalur who have been watching the happenings in the shop of Jayarajan and Kaliaperumal, began searching in the adjacent area. In the meantime, one Kunhimoideen of Pandalur preferred a complaint at Devala Police Station regarding abduction of Jayarajan and Kaliaperumal which was registered in Devala Police Station Cr. No. 248/83 under S. 365, IPC. on 20 -5 -1983 at 18.00 hours.

(3.) THE injured police party who were undergoing treatment got themselves discharged and engaged an ambulance and went to Sultan Battery Police Station (Kerala Border P.S.) and preferred a complaint with the Sub Inspector alleging that on 20 -5 -83 he and his party were attacked by a mob of about 150 person of Pandalur near Chelandi check post. On this a case in Sultan Battery Police Station Cr. No. 110/83 under Ss. 143, 147, 148, 395, 397, 225, 332 and 307 read with 142 IPC was registered and investigation taken up.