ILAMPIRAIYAN Vs. PETHI

JUDGEMENT

(1.) This Criminal Revision Case has been filed to set aside the Order made in Cr.M.P. No.1708 of 2016, on the file of the Judicial Magistrate Court, Rajapalayam, dtd. 8/4/2019.

(2.) The case of the Petitioner is that on 26/8/2018 at about 12.00 p.m., the Petitioner was on the way to his house from Rajapalayam Town with his friend one Rajesh and at that time, one Pethi @ Thirumalai Raja the SubInspector of Police, who is the First Respondent herein and one Ayyappan, who were in Vehicle check up in I.N.T.U.C. Nagar Bus Stop, Rajapalayam and at the time, the said Rajesh, who dropped the Petitioner had gone to his village. Thereafter, while the Petitioner was walking on the way to his house, the Second Respondent intercepted the Petitioner and seeking to call his friend namely Rajesh. For that, the Petitioner replied that he could not call to his friend because he had no Cell Phone with him. Thereafter, the First Respondent asked about the Petitioner's village, name and caste. The First Respondent scolded the Petitioner with filthy language and abused his caste name and assaulted in the right side ear and vehemently pushed the face of the Petitioner. When the same was questioned by the Petitioner, the Respondents 1 & 2 illegally taken the Petitioner to the Police Station and physically assaulted and thereby, he sustained injuries and there was a bleeding in the ear, nose and eyes of the Petitioner. After the custodial torture, the Respondents 1 & 2 had severely humiliated the Petitioner in the custody with derogatory words. Thereafter, a false case was registered against the Petitioner in Cr. No.519 of 2018 for the offences under Ss. 294(b), 353, 506(i) of I.P.C. Thereafter, the Petitioner was taken to the 7th Respondent-Hospital. At the time, the Doctor, without seeing or providing any treatment to the Petitioner, has given a Medical Certificate for remanding him in the said false case. Therefore, the Petitioner filed a Private Complaint under Sec. 200, Cr.P.C., in Cr.M.P. No.1708 of 2019 before the learned Judicial Magistrate, Rajapalayam. The learned Magistrate has dismissed the said Application on 8/4/2019 by holding that there are contradictions between the Statement of the Witnesses. The learned Magistrate has not perused the documents filed by the Petitioner with regard to the injuries sustained by him and stated that there are minor discrepancies in the Statement of Witnesses.

(3.) The Respondents have not filed any Counter Affidavit.