RAMASAMY Vs. STATE; KASAMMAL

JUDGEMENT

(1.) This petition filed by the petitioner herein to quash the proceedings pending against him in C.C. No. 119 of 2003 on the file of the learned Judicial Magistrate-cum-District Munsif, Usilampatti. The first respondent herein has filed the final report against the petitioner/accused for the offences under Sections 494 and 506(II) IPC.

(2.) The learned Counsel for the petitioner submitted that the second respondent herein filed a private complaint against the petitioner herein and the complaint was forwarded to the first respondent Police under Section 156(3) Cr.P.C. and after completing the investigation, the first respondent filed final report for the offence under Section 494 and 506(II) IPC. The learned Counsel for the petitioner further contended that the Police has no power to investigate the case for the offence under Section 494 IPC and file final report. As per Section 198(1) of Cr.P.C., the complaint under Section 494 IPC may be lodged only by the aggrieved person and the Police Officer cannot be regarded as an aggrieved person.

(3.) Heard the learned Government Advocate (Criminal Side).