RAYAPPAN Vs. DHANDAPANI

JUDGEMENT

(1.) ACCUSED 1 to 15 in C.C.No. 6 of 1993 on the file of Judicial Magistrate No. 1, Cuddalore, have filed this petition under Sec. 482, Crl.P.C., praying to call for the records in the above case and quash the same.

(2.) SHORT facts are; The respondent had filed a private complaint against the petitioners for offences punishable under Secs. 147, 148, 341, 323, 294 and 506(2) read with 34, I.P.C. The allegations in it are briefly as follows:

(3.) I have carefully considered the submissions made by rival counsels. From the materials available in this case, which I have referred to supra, it is seen that the respondent had earlier filed a private complaint against the petitioners for offences under Secs. 147, 148, 341, 323, 204 and 506(2) read with 34, I.P.C. with regard to an occurrence on 7.10.1990. It was forwarded by the Magistrate to the police under Sec. 156(3), Crl.P.C. After investigation, the police had referred it and had filed a final report accordingly and had also sent a copy of the same to the respondent, which was filed along with the second complaint (impugned complaint). Only thereafter, this second complaint was filed by the respondent with regard to the same occurrence, on the same allegation with an added para that the first complaint was forwarded to the police for investigation and the police had referred it, without properly investigating the same. The question that falls for consideration is whether on the above facts, the second complaint will survive or will have to be quashed.