S RAMESH BABU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The Revision Petitioners are the accused and they have filed this Criminal Revision to set aside the order dated 02.05.2012 passed in C.M.P. No. 43 of 2012 in C.C. No. 5972 of 2006 by the learned X Metropolitan Magistrate, Egmore, Chennai in allowing the petition filed by the prosecution under Section 319 Cr.P.C., seeking to implead the petitioners as proposed accused.

(2.) The second respondent is the de fo complainant and she has lodged a complaint before the first respondent on the allegations that on 26.09.2004, at 10.00 a.m. when the de facto complainant returned to her house, her husband was not available and he is away from the house. At that time, the first accused was unloading bricks and sand and he was putting bricks to close the window of the de facto complainant's house which is abutting to the house of the first accused. At that time, the de facto complainant questioned the first accused why he was doing so. For which the first accused abused her by using filthy language and pushed her down. The second accused also pushed her by putting her chest, which resulted in the de facto complainant fell down on the bricks stored by the first accused. The third accused kicked by legs on her chest and abused her with filthy language. At that time, the petitioners who are the police officers were present at the place of occurrence and instigated the accused to put up construction on the window of the de facto complainant.

(3.) Thereafter, the de facto complainant had narrated about the occurrence to her husband who came there at about 2.00 p.m. The husband of the de facto complainant questioned the petitioners why they were watching the illegal activities of the accused. For which they told him to mind his business. Thereafter, the husband of the complainant made a complainant to the Deputy Commissioner of Police over phone narrating about the occurrence. Thereafter, the petitioners left the place of occurrence. Thereafter, the de facto complainant and her husband went to the police station and lodged a complainant and from there, she went to the Stanely Hospital, where she was admitted as inpatient for four days. The first Petitioner has arranged to get her signature in a white paper and prepared a complaint on his own version and prepared FIR in Cr.No.741/2004 and later on he referred the case as mistake of fact.