VIJITHA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been filed challenging the order passed in Crl.M.P.No.305 of 2021 in C.C.No.54 of 2011 on the file of the Judicial Magistrate Court No.1. Ramanathapuram, dtd. 12/2/2021.

(2.) The de facto complainant is the brother-in-law of the petitioner. There was a property dispute between the second respondent, who is the husband of the petitioner, and his brother. It is alleged that A1, who is the husband of this petitioner, and this petitioner entered the property belonging to the de facto complainant on 8/8/2010 at about 07:45 p.m. and started attacking the de facto complainant with a spade. It is also alleged that each of the accused persons attacked the de facto complainant, as a result of which the de facto complainant sustained serious injuries in his forehead and nose and all over the body. That apart, the accused persons criminally intimidated the de facto complainant. Based on the complaint given by the de facto complainant, an FIR came to be registered in Crime No.318 of 2010. For the very same incident, another complaint was given by A1, and an FIR was registered in Crime No.319 of 2010, wherein the de facto complainant and another person were made as accused.

(3.) Both the FIRs. came to be investigated by the first respondent police, and police reports were filed in both the FIRs. While filing the police report in Crime No.318 of 2010, the Investigation Officer found that the de facto complainant had given an exaggerated version regarding the allegation that was made against the petitioner, and on the basis of materials collected, the Investigation Officer came to a conclusion that the petitioner has not committed any offence in this case. Accordingly, the name of the petitioner was deleted, and the police report was filed only against A1, the second respondent herein. The same was taken on file in C.C.No.54 of 2011.