MOHANRAJ Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the Proceedings in C.C. No.55 of 2020 on the file of the learned Judicial Magistrate No.I, Kulithalai, Karur District.

(2.) According to the Petitioners the Second Respondent herein has lodged Complaint before the First Respondent alleging that these Petitioners and others due to Civil dispute regarding Pathway on 23/12/2019 at about 8.30 hrs abused the De facto Complainant in filthy language and the Second Petitioner punched on the Second Respondent chest with hands and legs and also caused Criminal intimidation. Based on the above said Complaint, First Information Report has been registered in Crime No.282 of 2019 for the offences under Ss. 294(b), 323 & 506(i) of I.P.C. Thereafter the First Respondent investigated the case and filed Final Report and the same was taken on file by the learned Judicial Magistrate No.I, Kulithalai in C.C. No.55 of 2020 and the same is pending for trial. The cognizance taken by the learned Magistrate is against law and there is a Counter case registered in First Information Report in Crime No.283 of 2019 for the offences under Ss. 294(b), 324 & 506(ii) of I.P.C., against the Second Respondent and his Wife. On the same day this Complaint was lodged and case has been registered. After investigation both the cases have been charge sheeted in C.C. No.54 of 2020 & C.C. No.55 of 2020 and taken on file by the learned Judicial Magistrate No.I, Kulithalai. The First Respondent has not followed the Police Standing Order 588-A and failed to find out the Aggressor. Without following the procedure filed Final Report in both cases. The alleged occurrence took place in the Private land and thereby the offence under Sec. 294(b) of I.P.C., would not attract. The alleged occurrence was on 23/12/2019 but the First Information Report was registered on 25/12/2019. Therefore there is no material available as against these Petitioners and hence, the Charge-sheet in liable to be quashed.

(3.) No Counter was filed by the Respondents.