KARUPPA GOUNDER Vs. D SEKAR

JUDGEMENT

(1.) A complaint against a few police personnel was filed before a learned Judicial Magistrate, having local jurisdiction. The learned Magistrate declined to entertain the complaint and returned the same to the complainant for presenting before the court of Chief Judicial Magistrate. This order is, of course, in tune with a circular issued by the Madras High Court. In a different case, a complaint against a few police personnel and few others was filed before the Chief Judicial Magistrate. The learned Chief Judicial Magistrate also declined to entertain the complaint and returned the same for presenting the said complaint against the non police personnel before the learned Judicial Magistrate having local jurisdiction. These two conflicting stands taken by two different courts have raised an important question, as to who among the two is empowered to entertain a complaint against police personneland to take cognizance of the offences. The above question has arisen in the following circumstances. The petitioner in Criminal Original Petition No. 1157 of 2010 filed a private complaint before the Judicial Magistrate, Pennagaram, Dharmapuri District, against an Inspector of Police by name Mr. Rajkumar and a Sub-Inspector of Police by name Mrs. Surumbar Kuzhali, alleging that they had committed offences under Sections 341, 323, 324, 294(b) and 506(ii) of I.P.C. The petitioner also alleges that these offences arise out of Human Rights Violation to be tried as per the provisions of the Protection of Human Rights Act, 1993. The learned Judicial Magistrate by order dated 07.08.2009, has returned the same stating that he has no jurisdiction to take cognizance of the said offences as the accused are police personnel. Challenging the said order, the petitioner has come up with this criminal original petition.

(2.) The petitioner in Criminal Original Petition No. 7520 of 2012 filed a private complaint before the learned Chief Judicial Magistrate, Erode, against a few police officials and other officials from other departments alleging that they had committed offences punishable under Sections 120 B, 463, 464, 468, 109 and 201 of I.P.C. The learned Chief Judicial Magistrate returned the said complaint by an order dated 13.02.2012, stating that a private complaint against police officials alone can be entertained by the Chief Judicial Magistrate, whereas in this case, some of the accused are not police officials. Challenging the said order, he has come up with this criminal original petition.

(3.) The petitioner in Criminal Original Petition No. 7521 of 2012 filed a private complaint against an Inspector of Police and other officials including a private individual. The learned Chief Judicial Magistrate, Erode returned the private complaint on similar grounds. Challenging the same, he has come up with this Criminal Original Petition.