(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., praying to call for the records relating to the private complaint in C.C. No.51 of 2010 on the file of Judicial Magistrate, Manapparai and quash the same.
(2.) It is averred in the petition that the petitioners are government officials. The petitioners, being Tahsildar and Deputy Tahsildar of the area, were involved in disilting the public channel and also removing the encroachments. The father of the defacto complainant encroached the public land in S.No.118/1 and prevented the channel water from proper flowing. The officials with the help of police, removed the encroachment made by the petitioner's father on 03.10.2009, after complying proper legal requirements. At the time of removal of encroachment, the complaint and his family members threatened the officials and prevented them from removing the encroachments.
(3.) The complainant gave a private complaint before the Judicial Magistrate alleging that on 03.10.2009 at about 7.30 p.m., when he was standing in front of Tahsildar's office, the petitioners said to have approached him and the first petitioner fisted on his chest and the second petitioner fisted all over the body and shouted against the complaint for preventing them from diverting the channel. The Judicial Magistrate took cognizance of the offence under Section 323 of I.P.C., in C.C.No.51 of 2010. The above private complaint was given only to wreck vengeance and to threaten the officials. It is nothing but an abuse of process of law. Therefore, the proceeding in C.C.No.51 of 2010 on the file of the Judicial Magistrate, Manapparai is to be quashed.