CHELLADURAI Vs. KOTHALAMUTHU

JUDGEMENT

(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., to set aside the orders of the Judicial Magistrate, Sankarankovil in Cr.M.P.No.1339 of 2009 dated 09.10.2009, wherein, the cognizance has been taken as against the petitioners for the offence under Section 355 of I.P.C. and Section 3(1)(x) of SC/ST (Prevention of Attrocies) Act, 1989.

(2.) It is averred in the petition that the respondent filed complaints dated 16.07.2007 and 17.07.2007 against the petitioners and the same was registered in crime No.112 of 2007 for the offence under Section 294(b), 323, 427, 506(i) of I.P.C. and Section 3(1)(x) of SC/ST (Prevention of Atrocities), Act 1989, in Cr.M.P.No.1339 of 2008. The present private complaint has been filed without filing any protest petition in the case referred by the Deputy Superintendent of Police. This private complaint has been filed with inordinate delay and the offences as alleged are not made out. Therefore, the order of the Judicial Magistrate is liable to be quashed.

(3.) The learned counsel for the petitioners contends that the case registered for the same allegation has already been referred by the Deputy Superintendent of Police and the present complaint without any protest petition is not maintainable. He further contends that there is no specific allegation as against the petitioners and the offences are not made out.