MUTHU RAJENDRAN Vs. C.P.RETHISH

JUDGEMENT

(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.5 of 2013 on the file of the Special Court for Land Grabbing Cases, Trichy and quash the same.

(2.) It is averred in the petition that the petitioner is the Inspector of Police and there was a dispute regarding the sale of property between the respondent/complainant and the other accused and the defacto complainant filed a private complaint as against those accused including the petitioner herein.

(3.) The allegation in the complaint as against the petitioner is that when the petitioner was working as Inspector of Police at Thottiyam Police Station, without receiving the complaint given by the defacto complainant, he supported the other accused and also beat the defacto complainant in the presence of the public near his house. Since the alleged act has been done during the course of his official duty, sanction under Section 197 of Cr.P.c. is must. Without sanction, the complaint has been filed and therefore, the proceedings as against the petitioner are liable to be quashed.