IRSAPPAN @ ARUN RAVI Vs. MANICKAM

JUDGEMENT

(1.) The dismissal order dated 18.12.2003 passed in Calendar Case No.247 of 2001 by the Judicial Magistrate Court No.4, Vellore is being challenged in the present Criminal Appeal.

(2.) The appellant herein as petitioner has filed a private complaint, wherein the respondent has been shown as sole accused.

(3.) The material averments made in the complaint are that both the accused and complainant are living in Sethuvalai Village. One Kuppusamy, as plaintiff, has instituted an Original Suit No.973 of 2002 on the file of the District Munsif Court against the complainant for getting relief of perpetual injunction with regard to pathway and the same has been dismissed on 30.7.1997. On 17.6.2001 with regard to the said pathway, the accused has convened a meeting and thereby directed the complainant to attend the same. The complainant has refused to attend the meeting by way of saying that the Civil Suit instituted against him in respect of the said pathway has already been dismissed. Since the complainant has refused to take part in the meeting convened by the accused, the accused has excommunicated the complainant and thereby imposed certain restrictions and the same have deterred the complainant from leading a normal life in the Village and further the Villagers are having contemptuous look against the complainant. Further, the accused has returned the donation of Rs.100/- given by the complainant. Since the attitude of the accused has created impudicity against the complainant, the complaint in question has been filed for getting the relief sought for therein.