A PALANISWAMY Vs. G NACHIYAR

JUDGEMENT

(1.) This petition has been filed praying to call for the records in S. T. R. Case No. 1870 of 2002 on the file of the Court of Judicial Magistrate No. II, Karaikal, Pondicherry, and quash the same.

(2.) The averments of the petition are that the petitioner is employed as Medical Officer in the ONGC dispensary at Karaikal; that on 14-9-2002, while he was on duty at the dispensary, the respondent herein along with her husband, viz. Ganesh alias Arunachalam abused him by mentioning his caste name, attacked him on his left cheek and head since he had not sanctioned the respondent's overtime claim as she was working only for five hours a day and six days a week, which is not within the ONGC rules to sanction her overtime; that immediately thereafter, he lodged a complaint before the P.C.R. Cell, Karaikal, and the complaint was registered in FIR No. 2/2002 for an offence punishable under S. 7(1) (e) of the PCR Act r/w. Section 332 r/w. 34 IPC; that in the said case, the respondent surrendered before the lower Court and later on came out on Bail.

(3.) The petitioner would further submit that to circumvent the above case, the respondent herein lodged a false complaint with the Karaikal Police Station on 18-9-2002 alleging that the petitioner pushed the respondent by hands and attempted to outrage her modesty and a case has been registered in F. I. R. No. 199/2002 for an alleged offence punishable u/s 354 IPC; that the respondent lodged a false complaint against the petitioner belatedly on which the said case was registered on 18-9-2002, for an offence alleged to have taken place on 14-9-2002 at 10.30 a.m. that the respondent herein made false allegations against the petitioner with mala fide intentions and to circumvent the petitioner's case; that after investigation, the Karaikal Police have filed the referred charge-sheet before the Court of Judicial Magistrate No. II, Karaikal, since the offence alleged by the respondent was not made out.