A NAZER Vs. GOWTHAMAN

JUDGEMENT

(1.) THE revision petitioner herein/complainant has filed Crl.M.P.No.593 of 2003, on the file of Chief Judicial Magistrate, Coimbatore, against the respondents herein, as a private complaint, under Section 200 Cr.P.C. It was stated that his younger brother, Mohamed Ibrahim @ Saleem is studying in the law course at Coimbatore Law College and that on 31.05.2003, the first respondent herein and few others had entered into the petitioner's house at around 3 a.m., in the wee hours of the morning, stating that there is a criminal case against the said Mohammed Ibrahim alias Saleem in Crime No.242 of 2003, on the file of Mettuplayam Police Station and that his brother's presence is required for enquiry. After entering into the house, the respondents herein used abusive language in the presence of ladies in the house. Hence, the brother of Mohammed Ibrahim has filed a private complaint which is also pending on the file of Chief Judicial Magistrate. On 20.07.2003, at about 12 noon, when his brother Mohammed Ibrahim was proceeding towards Mettupalayam Market, both the respondents had taken him to the Mettupalayam Police Station. Knowing the facts, the revision petitioner and his mother rushed to the police station and enquired about the police custody of Mohammed Ibrahim. Then, the respondents replied that if the private complaint is withdrawn, then the entire problem could be solved.

(2.) THE very next day, i.e., on 21.07.2003, the revision petitioner again went to the police station and he noticed that his brother Mohammed Ibrahim was put in the lockup and that all the clothes had been removed excepting his underwear by the first respondent herein. The first respondent further informed the revision petitioner that if the private complaint is not withdrawn, then his brother's future life would be affected. Thereafter, both the respondents had beaten his brother severely and hence, the petitioner had levelled a complaint before the Deputy Superintendent of Police, on 23.07.2003 against the first respondent. Besides sending a telegram complaint on 24.07.2003 to the District Collector. On the same day, i.e., 24.07.2003, based on the complaint given by one Dharvesh Mohideen, S/o.Khauideen of Mettupalaym a criminal case was filed against the petitioner's brother, viz., Mohammed Ibhrahim in Crime No.427 of 2003 under Section 294(B), 323, 307 of IPC. On the same day evening at about 6.30 p.m., both the respondents had forcibly taken the petitioner in the police jeep, wherein he was informed that they are going to remand his brother in jail and that he should sign as a witness for the arrest of his brother. On the petitioner's refusal to do so, the respondent had shown his revolver and forcibly got his signature. Thereafter, the respondents stated that his brother was remanded and indicated three persons as their witnesses. Further, the revision petitioner had sent a complaint to the higher authorities about this incident. The revision petitioner further stated that his mother has filed a writ petition in W.P.No.24690 of 2003 against the respondents for an investigation. Hence, the complainant has filed the said complaint for the offence under Sections 194, 298, 336, 343, 447, 506 (ii) IPC and listed five witnesses and annexed 14 documents supporting the said complaint.

(3.) AGGRIEVED by the said dismissal order, the above revision has been filed.