CHANDRAN Vs. NAGAN

JUDGEMENT

(1.) ACCUSED No. 6 in C.C. No. 65/90 on the file of the Judicial Magistrate No. 2, Ponneri, has filed this petition under S. 482 Cr.P.C. praying to call for the records and quash the same.

(2.) THE respondent has filed a private complaint against 13 accused out of whom the petitioner is the 6th accused. The allegations in it are briefly as follows: - There was prior misunderstanding between the members of the families of the complainant and accused Murugesan. On 25.3.1987, at about 4 p.m., while the complain was returning to his house, A1 waylaid the complainant and abused him in filthy language. The complainant questioned A1 and at the same time all other accuse came from different directions and joined with A1, with an intention to commit offence against the complainant and in pursuance of the same, all of them who were armed with various weapons, started surrounding the complainant to attack and injure him. A1 and All were armed with a crowbar and knife respectively. A3 was in possession of Kuthusi. All other accused were found with stones. The complainant apprehended danger to his life and took to his heels. At that time Al, A3 and All threw their weapons aiming at the complainant and those weapons hit him on his back. All other accused throw stones indiscriminately aiming at the complainant. Some of them hit him on his legs. The complainant rushed to his house and bolted the outer door from inside. The accused continued to throw stones at the house. Witnesses and others rusted to the help of the complainant's family. Witnesses Mukundan and Gopal also sustained injuries.

(3.) MR . M. Karpagavinayagam, learned counsel appearing for the petitioner, would submit that the F.I.R. given by the complainant namely the respondent herein was on 26.3.1987 against 11 persons and out of whom the petitioner herein was not shown as an accused. But now after considerable delay on 26.2.1970 this private complaint was filed impleading the petitioner as 6th accused with vague allegations and on that score it is liable to be quashed.