NALLAYA GOUNDER Vs. THIRUVENGADAM

JUDGEMENT

(1.) THE petitioners are accused 1 to 3 in C.C.No.184 of 1989 pending on the file of the Judicial Magistrate, Mathuranthagam.

(2.) ON a private complaint instituted by the respondent before the learned Magistrate alleging commission of offence under Secs.341 and 447, I.P.C. by the petitioners, in respect of an occurrence stated to have taken place on 13.6.1988 at Mathur village, after recording the sworn statement of the respondent, the learned Magistrate chose to take the case on file only for an offence under Sec.341, I.P.C.

(3.) LEARNED Magistrate, on receipt of the private complaint, forwarded it under Sec.156(3), Crl.P.C. to the Melmaruvathur Police Station, for investigation and report. On receipt of the complaint from the Magistrate, the Melmaruvathur Police registered Crime No. 151 of 1988 under Secs.341 and 447, I.P.C. After investigation, Melmaruvathur Police chose to refer the complaint as ?mistake of fact?. Thereafter, setting out all these details, the respondent chose to file the impugned private complaint, which, as stated earlier, was taken on file for an offence under Sec.341, I.P.C. alone.