V CHANDRASEKHARA PANDIAN Vs. MUTHUKARUPPA THEVAR

JUDGEMENT

(1.) THIS is a petition filed invoking the inherent powers of the High Court under Section 482, Cr.P.C. to quash the proceedings in Crl.M.P. 46 of 1982, on the file of the Judicial Second Class Magistrate, Usilampatti, Madurai district.

(2.) THE petition arises under the following circumstances. THE respondent preferred a complaint on 25-5-1981, at the Uthappanaickanur police station against 53 persons for offences under Sees. 147, 148, 452, 336, 324, 307 and 511, I.P.C. A case was registered by the police at 1-30 p.m. as Crime No. 40 of 1981 and investigation was taken up. After completion of the investigation, the police submitted the report as a mistake of fact through the Inspector of Police, Usilampatti, before the Judicial Second Class Magistrate, Usilampatti, after serving Referred Charge-Sheet notice to the respondent on 7-11-1981.

(3.) THE respondent preferred a complaint on 11-1-1982, alleging the same facts and offences as in his police complaint before the Judicial Second Class Magistrate. THE learned Magistrate took cognisance of some offences and numbered the same as Crl.M.P. 46 of 1982, to start an enquiry under Section 202, Cr.P.C. THE petitioner became aware of this enquiry when a notice under Section 91, Cr.P.C. was served on his father for production of some documents.