PECHIMUTHUPANDIYAN Vs. SOUNTHARRAJAN

JUDGEMENT

(1.) This is a petition to direct the second respondent to register a case on the basis of the complaint forwarded by the learned Judicial Magistrate, Shencottah, under Section 156(3) Cr.P.C., which was filed before the Magistrate as Cr.M.P.No.3155 of 2000.

(2.) The petitioner, in the complaint, has alleged that the accused, who was the Sub Inspector of Police, Achanpudur Police Station, took him to the police station at about 8.00 a.m. on 26.6.2000 under the pretext of examining him in connection with a petition received against him and at the police station, he was threatened to pay a sum of Rs.8,500/- to Subramaniam within a week. He has further averred that when he stated that no amount is due to Subramaniam from him, he was abused in filthy language and was locked up in the lock up room and according to him, at about 9.00 a.m., he was brought out of the lock up room and was also asked to sign on a blank paper and that he initially refused to comply; but later, on account of the threat and on being afraid of the consequences, he signed on the blank paper. He has further alleged that he was later sent away from the police station and that the accused in this private complaint has committed the offences under Sections 294(b), 342, 506 Part-II and 384 IPC.

(3.) After the complaint was presented, it was forwarded by the Magistrate to the Deputy Superintendent of Police, Tenkasi, under Section 156(3) Cr.P.C. for investigation. Thereafter, the learned Magistrate was kept waiting for the report to be submitted by the officer concerned. It could be seen from the entries in the docket sheet that the complaint was forwarded on 6.7.2000 and the Magistrate has adjourned the case from time to time on account of the non receipt of the report of the police, though the petitioner was present on all the dates of hearing. Several reminders were sent by the learned Magistrate and ultimately, a report was received by the Court to the effect that on enquiry, the allegations in the complaint are found to be false. The learned Magistrate accepted the said report and dismissed the complaint under Section 159 Cr.P.C.