DASAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is one of the accused in C.C.No.182 of 2005 on the file of the learned Judicial Magistrate No.II, Kuzhithurai. He has come forward with this petition seeking to quash the said proceedings.

(2.) THE second respondent is the defacto complainant in this case. Originally there was another case in C.C.No.75 of 1996 against the second respondent herein, before the learned Judicial Magistrate No.II, Kuzhithurai for certain offences. THE said case ended in acquittal on 22.08.1996. THE second respondent is working in Indian Army. THE petitioner herein was the defacto complainant in the said case.

(3.) THE learned Judicial Magistrate took cognizance of the offences and recorded the statement of the second respondent under Section 200 Cr.P.C. on 27.02.2001. THEreafter, the learned Judicial Magistrate by order dated 17.10.2002 in CMP.No.3873 of 2000 directed the first respondent herein to investigate into the allegations as required under Section 202 Cr.P.C and submit a report. THE said order was duly communicated to the first respondent.