V R RANGANATHAN Vs. STATE

JUDGEMENT

(1.) The accused in C.C.No.4348 of 1984 on the file of the II Metropolitan Magistrate, Saidapet, have filed this petition under Section 432, CODE OF CRIMINAL PROCEDURE, 1973, to quash the proceedings.

(2.) It is common ground that there is a counter case in which these petitioners (accused) are cited as witnesses. Both cases are for alleged offences under Sections 341 and 323, Indian Penal Code. According to the petitioners the prosecution ought to have investigated on any one of the complaints and filed the charge-sheet on the real aggressors and referred the other complaint. In other words, it is urged that since both the complaints arise out of the same transaction, the prosecution erred in filing two reports without properly investigating and finding out the real aggressors. In support of this contention, learned Counsel for the Petitioners drew my attention to a judgment of Kader, J.,reported in Vallapandy Thevar v.State, (1984) L.W. (Crl.) 257 which says that in cases of complaints and counter complaints, the procedure to be followed by the Investigating Officer is laid down in Order 588-A of the Madras Police Standing Orders and that the Investigating Officer has to enquire into both the complaints, find out who were the aggressors and file a charge-sheet against them or refer both the cases if he finds them untrue and that, where the Investigating Officer finds it difficult to choose either of the ..... above course, be should seek the opinion of the public prosecutor and act accordingly. The learned Judge held that the Investigating Officer had contravened the provision of Order 588-A that in the the of doubt he ought to have referred the matter to the opinion of the Public Prosecutor and act accordingly. Since there were two prosecutions in respect of the same matter the learned Judge held that the course adopted by the Investigating Officer was improper and bad in law.

(3.) With respect I am unable to agree with the reasoning of the learned Judge and my reasons are as follows: