R. GOVINDASAMY Vs. STATE

JUDGEMENT

(1.) LEARNED counsel for the petitioner submitted that the order dated 06.01.2014 in Crl.MP.No. 3682 of 2013 in CC.No. 246 of 2001, passed by the learned Chief Judicial Magistrate, Puducherry, dismissing the petition, filed under Section 173(8) CrPC, for re -investigation/further investigation, is erroneous on the ground inter alia that no reasons have been assigned in the impugned order. Added further, he submitted that though sufficient reasons have been stated in Crl.MP.No. 3682 of 2013, filed for re -investigation/further investigation, without adverting to the same in proper perspective, the Court below has simply dismissed the petition. It is also the contention that the case in C.C. No. 246 of 2011 is only a counter blast to the complaint, lodged by the complainant as early as on 09.06.2002 and that the said fact has not been taken note of by the Court below.

(2.) HEARD the learned counsel for the parties and perused the material available on record.

(3.) IT is the contention of the petitioner that Dr.Sathyanarayanan is a famous Doctor in Puducherry. To wreak revenge against the petitioner, a counter complaint seemed to have been prepared on 17.06.2010, alleging that the petitioner has committed offences under Sections 323, 324 IPC on 09.06.2010. On receipt of the same, a false case has been registered against the petitioner and statements have been recorded under Section 161 CrPC. According to the petitioner, the respondent police has prepared a false arrest memo, bail bond, arrest form, 161 statements, accident register from Government Hospital, Puducherry, false medical certificate from the Doctor, as if Dr.Sathyanarayanan sustained injuries. It is the further case of the petitioner that the Head Constable, Investigating Officer and Doctor in Government Hospital, conspired together along with Dr.Sathyanarayanan, defacto complainant and created false records with an intention to lodge a criminal prosecution. In the abovesaid circumstances, before the Court below, the petitioner has sought for re - investigation/further investigation by some other Investigating Officer.