DR. MISS. M. KOSHI AND ANOTHER Vs. VINCENT

JUDGEMENT

(1.) THE first two accused in C.C. No. 2281 of 1976 on the file of the Judicial Second Class Magistrate's Court, Triuvallur, have moved this court to quash the proceedings as against them in the said case. The complaint in that case was filed by the respondent herein and four persons were arrayed as accused. The complaint has been taken on file by the Magistrate under S. 504, I.P.C.

(2.) THE petitioners 1 and 2 are respectively the Superintendent and the Nursing Superintendent of the Mission Hospital, Ekkadu, Tiruvallur Taluk. It appears that one Theodore was the Business Manager of the Hospital. For some irregularity in his service, Theodore was suspended and a new man was appointed in his place. Enraged at that, Theodore is said to have instigated the respondent herein and some others to trespass into the hospital and prevent the petitioners and other members of the hospital staff from discharging their duties. It is further stated that the police came to the rescue of the petitioners and others and subsequently the police have filed a charge -sheet against the respondent and the other miscreants for the offences committed by them.

(3.) THE respondent averred in his complaint that on account of the provocative utterances by the petitioners and the accused 3 and 4 in the case he became wild and would have broken public peace or committed an offence but for some of the persons standing close by pacifying him and advising him to calm himself.