JAYARAMAKRISHNAN Vs. MOOKAN PATTAM KETTIYAR

JUDGEMENT

(1.) This is an application to call for the entire records in C.C. No. 50 of 1995 from the file of the Judicial Magistrate No. 4 Tirunelveli, and quash the same in so far as the petitioner is concerned.

(2.) The brief facts of the case are as follows: The petitioner is a practitioner in Medicine in K.G. Hospital at Tirunelveli. One, Anainjiperumal, brother-in-law of the complainant respondent was treated for 23 days in the said hospital, for which, the complainant paid Rs. 500.00. For the treatment, the complainant has told the Medical Officer that the father of Anainjiperumals wife will pay the money. On 21/9/1994, at about 10.00 a.m., A2 to A5 came to the house of the respondent/complainant in an auto-rickshaw and compelled him to get into the vehicle. When the complainant refu-sed, they forcibly took him in the auto-rickshaw to the hospital and detained him in a room in the hospital. When the complainant raised an alarm, A2 to A5 threatened to murder him by giving him poisonous injection. Out of fear, he stayed in the room. While he was detai-ned in the hospital, the respondents wife Sudalai Muthammal sent a lawyers notice to Al; but Al refused to received the notice. On 27/9/1994, the complainants wife sent a telegram to the Supe-rintendent of Police. The complainant was unlawfully detained in the hospital for eleven days without proper food and water. On 1/10/1994, A2 to AS took the complainant in a car and dropped him at his house at Manappadai and threatened that they will take him again in the car and detain him unless he settles the arrears for the treatment of Anainjiperumal. The complainants wife, out of fear, pledged her daughters golden ring and paid Rs. 500.00 to A2, Again, the petitioner demanded a further sum of Rs. 2,000.00 and threatened to murder the complainant if he failed to pay Rs. 2,000.00. When the complainant was detained in the hospital, A2 to AS forcibly obtained the signature of the complainant in some stamp papers. The comp-lainant lodged a complaint before the Taluk Police Station, Palayamkottai, on 3/10/1994. Since no action was taken, on 4/10/1994, the complainant gave a complaint to the Assistant Superinten-dent of Police. On his orders, the police obtained a statement from the complainant which was registered as Crime No. 523 of 1994. Without proper investiga-tion, the police have referred the same as mistake of fact. Even though the police got the names and addresses of A4 and AS, they have not mentioned the same in the report submitted by the police. The petitioner Jayaramakrishnan is Al in C.C. No. SO of 1995 on the file of the learned Judicial Magistrate, No. 4, Tirunelveli. A private complaint was filed by the respondent against the petitioner and others for the alleged offences under Sections 145, 344, 365, 347, 385, 307 read with 34, IPC. The gist of the complaint is as narrated earlier. According to the complainant, the accused have committed the offences punishable under Sections 145, 344, 365, 347, 385, 307 read with 34, IPC. The case was taken on file and the same is pending trial.

(3.) In this petition, the petitioner contends that the earlier complaint preferred by him before the police has been referred as mistake of fact, and on the very same set of facts, a second complaint cannot be lodged. According to the petitioner, except the name of the petitioner in the accused column, no overt act or allegation is stated by the complainant in the complaint. Without having any participation over the crime, the institution of proceedings as against the petitioner is untenable. According to the pettioner, the complainant has got a clear intention of cheating by evading the payment for the treatment which was given to the brother-in-law of the complainant. In order to escape from the liability, he has made the present complaint as a weapon and now he is using the same against the petitioner. Therefore, the petitioner prays to quash the proceedings in C.C. No. SO of 1995 on the file of the Judicial Magistrate No. 4, Tirunelveli.