MANICKAM Vs. STATE, BY R.D.O., COIMBATORE

JUDGEMENT

(1.) THE above revision is filed by the petitioner questioning the order of the Judicial First Class Magistrate, Coimbatore, in C.M.P. No.1699 of 1980, dt. 25th April, 1980 and excusing the delay in filing the complaint against the petitioner by the respondent.

(2.) IT appears that a complaint against the petitioner was filed by the State, represented by the Revenue Divisional Officer, Coimbatore under S. 200(a), Cr. P.C. for an offence alleged to have been committed by the petitioner under S. 323, I P.C. In the complaint, it was contended by the respondent that the petitioner as an official of the Police Force, on 27th November, 1978 in the premises of the Sessions Court, kicked one Smt. Sivalingam, wife of Rengaswami, thrice on her abdomen for the reason that she being a prosecution witness in S.C. No. 32 of 1978 turned hostile in the murder case against one K.D. Sundakkayan with the result, she swooned and fell down. It was further stated in the complaint that on receipt of the First Information Report, the respondent herein took up the investigation on the same day, and his enquiry revealed that the petitioner herein has kicked with his booted legs on the lower abdomen of Smt. Sivalingam causing injury on her person Under the circumstances the respondent herein in his complaint prayed that the Court may be pleased to take the complaint on file under Section 323,I.P.C. and dispose of the same according to law. Certain witnesses were cited in the complaint.

(3.) THOUGH it was opposed by the petitioner on the question of limitation, the Judicial First Class Magistrate, Coimbatore, by his order, dt.25th April, 1980, allowed the petition filed by the State and condoned the delay of 17 months in filing the complaint against the petitioner. The learned Magistrate observed that -