MUTHUSANKARALINGAM Vs. R SURESH

JUDGEMENT

(1.) THE petitioner who is the accused in C.C.No. 22 of 2003 on the file of the learned Chief Judicial Magistrate, Madurai, filed against him by the respondent herein for the offences punishable under Sections 454 and 324 I.P.C., seeks to quash the proceedings pending against him.

(2.) LEARNED counsel for the petitioner submits that the petitioner is the Inspector of Police and the respondent herein had filed the complaint falsely against the petitioner in order to take vengeance against him since the respondent herein is an accused in C.C.No. 911 of 2003 along with two other accused for offences punishable under Section 341, 387 and 506 (1) I.P.C. which was investigated by the petitioner herein and the respondent was also arrested by him and remanded to judicial custody.

(3.) LEARNED counsel for the respondent who was heard had submitted that the complaint against the petitioner was filed under Section 190 Cr.P.C. and the learned Magistrate has proceeded as per Section 200 Cr.P.C. and absolutely there is no bar in approaching the Court directly by giving a complaint under Section 190 Cr.P.C. without approaching the police. LEARNED counsel also submitted that the complaint itself was against the police officer and no useful purpose would be served by giving a complaint to the police and as such, the complaint has been filed directly before the learned Chief Judicial Magistrate. LEARNED counsel for the respondent further submitted that Section 53 of the Tamil Nadu Police Act, 1859 is not applicable to prosecution of this case since the act done by the petitioner is not an official act.