SELVAMANI Vs. KULANDAIVELU

JUDGEMENT

(1.) This is a petition under section 482 of the Criminal Procedure Code by the accused in the case for quashing the criminal case in C.C.No.421 of 1983, on the file of the Judicial First Class Magistrate, Padmanabhapuram.

(2.) The respondent has filed a criminal complaint against the petitioner before the police on 21.4.1983 alleging that the latter trespassed and damaged a portion of the temple. The police investigated and referred the case on the ground that there was no temple at all in the premises and that the complaint was contrary to facts. This case was referred on 23.4.1983 and the petitioner is said to have preferred the present complaint about two months later. Further, 21 hearings have already taken place from November, 1983 onwards and no progress has been made. At about the same time, the respondent/complainant filed a civil suit in O.S.No.351 of 1983, on the file of the District Munsif of Padmanabhapuram, for injunction restraining the petitioner herein from interfering with the possession of the alleged temple and the land appurtenant to it. The Trial Court decreed the suit but on appeal in A.S.No.48 of 1984 the judgment and decree of the trial Court were set aside by the Subordinate Judge, Padmanabhapuram, and the suit was dismissed on 27.8.84. These facts are not in dispute.

(3.) The learned Counsel for the accused/ petitioners contended that this is a clear abuse of process of law and that it is nothing but harassment. Firstly, it was pointed out that there was long in laying the private complaint which casts reflection on his case. Secondly, the Civil Court (Appellate Court) has found title in favour of the accused and therefore, a civil dispute is being converted into a criminal action for an ulterior purpose. Thirdly, the case went on for 21 hearings and yet the complaint did not let in evidence and this has caused serious prejudice to the accused. On these grounds, the petitioners pray that the proceedings in C.C.No.421 of 1983 should be quashed since it is nothing but an abuse of process and harassment.