E.RAJESHWARI Vs. T.VASANTHAKUMAR

JUDGEMENT

(1.) The petitioner, who is a public servant (Inspector of Police) is before this Court to quash the private complaint in C.C.No.7761/2018 taken cognizance by the learned II Metropolitan Magistrate, Egmore, Chennai, on being satisfied that the petitioner had prima facie appeared to have restrained, abused and threatened the complainant/respondent to break his hand, thereby to be tried for offences under Ss. 341,294 (b) and 506(i) of IPC.

(2.) The respondent in his complaint under Sec. 200 of Cr.P.C, has alleged that the petitioner, while serving as the Inspector of Police at G-5, Secretariat Colony Police Station, Chennai, enquired his complaint against one Panni Babu, who was polluting the dumpyard at Otteri, Chennai and when the same was objected by the respondent, he was threatened. His complaint was not properly enquired by the petitioner and the same was closed. This inaction of the petitioner emboldened Panni Babu and his associates to attack the complainant with deadly weapon on 27/04/2018. After treatment as in-patient for about 2 weeks, the complainant was discharged from the hospital. A case in Cr.No.262/2018 was registered against the said Panni Babu and others for offences under Ss. 341, 294(b), 324, 307 and 506(ii) of IPC by the P-2, Otteri Police. This incident occurred due to the dereliction of duty by the petitioner. Hence, the respondent reported to the Senior Police Officials about the inaction of the petitioner. They called the petitioner and conducted enquiry. Being infuriated, the petitioner foisted a false case as if the respondent is preparing to attack his assailants viz, Panni Babu and others. Also, she foisted a false case against his friends in Cr.No.227/2018 dtd. 07/07/2018. It is further alleged in the complaint that these false cases were registered to show the respondent in bad light and to detain him under the Goonda's Act. The whimsical and malafide action of the petitioner was brought to the notice of the Higher Officials. On coming to know about this, the petitioner on 29/07/2018 restrained the respondent near Brick Kiln Road, (at Otteri graveyard) and abused him in filthy words for giving complaint against her and threatened to break his hands. The learned Metropolitan Magistrate after recording the sworn statement of the respondent herein/complainant and one Gajendiran, had taken cognizance of the offences and caused summons to the petitioner herein.

(3.) The learned counsel for the petitioner placing documents submitted that the respondent/complainant, a criminal, is having several complaints against him for conducting Kangaroo Court. He and his associates, due to enmity with the other gang led by Panni Babu. When the respondent gave a complaint on 16/01/2018 against Panni Babu alleging criminal intimidation, that was properly enquired and closed after the said Panni Babu gave an undertaking in writing that he will not indulge in polluting the dumpyard or any criminal act in future. However, the life of the respondent was attempted by Panni Babu gang and a case was registered against them by the Otteri Police. Against the respondent, Proceedings against Sec. 107 Cr.P.C was initiated. Some of his associates were detained under the Goondas Act.