SUDALAIYANDI AND ANOTHER Vs. S. GNANA CHANDRA SINGH

JUDGEMENT

(1.) THE accused in C.C.No.30 of 1990 on the file of Chief Judicial Magistrate, Nagercoil, have filed this petition under S. 482 Cr.P.C. praying to call for the records in the aforesaid case and quash the same.

(2.) THE respondent has filed a private complaint against the petitioners in C.C.No.30 of 1990 (C.C. 30 of 1990). The allegations in it are briefly as follows: - On 26.11.1989, at 4:30 p.m. he went to Nagercoil. After meeting certain persons, he was returning by bus at 10:15 p.m. while the bus was stopped at Rajakkamangalam Junction, the third accused boarded the bus and questioned the complainant about his name and he replied he is the same person. Immediately, he asked to get down from the bus and abused, him with filthy words. When he asked him as to why he asked him to get down the bus, he said that the Inspector of Police had called him and so saying, he lifted him by pulling his collar along with the other two constables, and he pushed him from the bus. Then the third accused pulled his hair and beat him on his neck and back. The other two constables also beat him repeatedly. The first accused, beat him with the lathi stick on his leg, hand and other parts of the body and caused injuries. All the accused beat him indiscriminately. With the result, his dhothi fell down and he lost his personal belongings. Even thereafter, the second accused beat him indiscriminately with a stick and consequently he fell down. Then, he was taken to the office of the second accused. When he asked the Inspector and Sub Inspector as to why he was beaten, then again he was beaten and abused with most vulgar words and he was put inside the lock up. On the next day, his wife came to the Police Station to see him. The second accuse refused to give permission. At 9.00 a.m. one Mr. Paramadas came to the Police Station and sought permission. The second accused again refused to give permission. After 9:45 p.m. he was taken to the house of Judicial Magistrate No. 1 and was kept outside. The second and third accused went inside the Magistrate's house and then took him to the Government Hospital and admitted him. He was admitted as an in -patient and took treatment from 27.11.1989 to 1.12.1989. He is a respectable person. He was abused by the accused in a junction of public roads. That was seen and heard by one Mr. Joseph and others. By their acts, the accused damaged his reputation. In view of the above they are liable to be punished under Ss. 341, 343, 452 and 500, IPC. To quash the above complaint, the present petition has been filed,

(3.) I have heard Mr. Gopinath, learned counsel appearing for the respondent on the above aspects.