K SUBRAMANIAN Vs. K RAJENDRAN

JUDGEMENT

(1.) This petition has been filed to quash the proceedings pending against the petitioner herein who is 7th accused in C. C. No. 3 of 2005, on the file of the Judicial Magistrate II, Mettur Dam.

(2.) The first respondent herein filed a private complaint against the petitioner and six other accused for offences under Sections 109, 148, 448, 420, 427 and 453 IPC, and the complaint was taken on file for offences under Section 148, 448, 427, 453 and 109 IPC.

(3.) The first respondent filed a private complaint alleging that there was enmity between himself and A. 1 to A.4. The first accused was constructing house in poramboke land in S. No. 32/1 and in order to provide pathway in the patta land of the first respondent, accused Nos.5 to 7 have made attempts. On 17-5-2003 at 8.00 a.m. while the first respondent went to see the Tahsildar, he was brought to Mettur Police Station, saying that a complaint has been given by the first accused. He was also informed that A. 5 to A.7 are to demolish the house of the accused in order to provide pathway, he was retained in the police station at 10.00 p. m. When he was released and went to his house, he was informed that A. 1 to A. 7 along with others, had demolished the house. It is alleged in the complaint that in order to provide pathway to the first accused, through the house of the first respondent and his patta land, A. 5 to A 7 had deliberately demolished the house of the first respondent herein. The accused 1 to 7 using their influence had confined him in the Mettur Police Station on 17-5-2003 from 7.30 a.m. to 9.00 p. m.