K MUTHAIAH Vs. VENKATACHALAM

JUDGEMENT

(1.) THIS petition has been filed to call for the records pertaining to S. T. C. No. 470 of 2007 under Sections 190 (1) (A), 199 and 200 Cr. P. C on the file of the learned Judicial Magistrate No. I, Tirunelveli and quash the same.

(2.) A re'sume' of facts absolutely necessary for the disposal of this petition would run thus: the case in S. T. C. No. 470 of 2007 emerged on the file of the learned Judicial Magistrate No. I, Tirunelveli, consequent upon the filing of the complaint by the respondent as against the petitioners herein for the offence punishable under Section 500 read with Sections 34 and 120-B I. P. C.

(3.) BEING aggrieved by and dissatisfied with, the method and manner in which the case has been taken cognizance, the petitioners who happened to be the accused, filed this petition on the main ground that actuated by good faith, the petitioners submitted a representation dated 30. 11. 2006 to the Joint Commissioner, H. R and C. E Department, Tirunelveli; thereupon, the H. R and C. E Department passed order for taking over the administration of the Sri Varasithi Vinayagar Thirukovil and Sri Balasubramaniam Thirukovil. The publication in the form of pamphlets dated Nil was effected as found enclosed at page No. 37 of the typed set. The said pamphlet was purported to have been issued by (i) N. P. Chelliah, (ii) K. Muthiah Dass, (iii) V. Subramanian, (iv) S. Muthiah, (v) S. Subramanian, (vi) Sri Ramakrishnan, (vii) Veeramani, (viii) Nainar, (ix) Arasappan, (x) V. Nattar, (xi) K. Jegannathan and (xii) Srinivasan.