V. THANGARAJ, Vs. KRISHNASAMY IYER

JUDGEMENT

(1.) THIS is an application filed by the three accused in C.C. No 194 of 1983 on the file of the learned Additional Judicial first Class Magistrate, Kuzhithurai, to quash the prosecution in that case, which is a private complaint by one Krishnaswamy Iyer of Azhwar Koil Village, Kanyakumari District.

(2.) THE grounds on which the protection is sought to be quashed are at follows:

(3.) ON a verification of the records, it is seen that the occurrence, which is the subject -matter of the complaint in C.C. 194/83 on the file of the learned Additional Judicial First Class Magistrate, Kuzhithurai is the same as the one in respect of which the police has reported in S.T.C. 724/83. Under the circumstances, there cannot be two prosecutions on the very same occurrence. Hence, the contention of the petitioners is well founded and the private complaint in C.C. No. 194 of 1983 will have to be quashed.