J PONRAJ Vs. RAJANBABU

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in c. C. No. 9700 of 1998 on the file of the Court of V metropolitan Magistrate, Chennai. The appellant is the complainant. A private complaint was preferred by the complainant under Section 200 Cr. P. C for an offence under section 380 IPC for the alleged theft of plaque in c. S. I. Church, committed by the accused.

(2.) THE short facts of the private complaint preferred by the complainant are as follows: a C. S. I. Church was constructed at No. 1, Jaganathan Salai, periyar Nagar, Madras-82 in the land allotted by the government free of cost. The foundation stone for the church under construction was laid on 11. 10. 1987 by the then Bishop of Madras Diocese, Rt. Rev. Sundar Clark. The plaque contains the following words:. . (VERNACULAR (TAMIL) MATTER DELETED ). . with ulterior motive, Mr. Frank Moses of Vepery, filed a suit, styling himself to be the President of Periyar Nagar, christian Association and obtained a stay. Taking advantage of the exparte order of ad-interim injunction, Mr. Frank moses and his man did not allow 52 CSI families to enter into the church and worship. A Division Bench of this court passed an order on 22. 12. 1994 permitting CSI group to have their prayers in the church under the leadership of their paster. So, CSI families are worshipping in the church along with their presbyters. It was brought to the light through the watchman of the church that the plaque laid by the then Bishop of Madras Diocese was missing from the place, where it was laid. On an enquiry, it was brought to the notice that the said plaque was stolen by mr. S. Rajan Babu, under Secretary, P. W. D. Department, tamilnadu Secretariat. Hence the complaint.

(3.) SINCE the police have refused to register a case on the complaint preferred by the complainant, they approached this Court. This Court in its order in Crl. O. P. No. 12904 of 1997 directed the third respondent Inspector of Police, rajamangalam Police Station, Kolathur, Madras to register a case and take up investigation. The police, thereafter, registered a case, but after investigation referred the same as 'mistake of fact'. Again, the complainant approached the trial Court by way of private complaint. After recording the sworn statement, the private complaint was taken on file by the learned Judicial Magistrate in c. C. No. 9700 of 1998 under Section 380 IPC. When the accused appeared on summon before the learned Judicial magistrate, copies under Section 207 Cr. P. C. were furnished to the accused, when the offence levelled against him was explained to him and questioned he pleaded not guilty.