NAGARAJAN Vs. ANTHONY JOSEPH

JUDGEMENT

(1.) This Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in connection with the proceedings pending on the file of the Judicial Magistrate,Virudhachalam in PRC No.12 of 2010 and quash the same.

(2.) The case of the prosecution is that the petitioner is serving as a Sub-Inspector of Police, Virudhachalam Police Station in the Tamil Nadu Police Subordinate Service during 2006. On 11.09.2006 at about 7.30 P.M Tr.Anthony Joseph, the respondent herein residing at Iruppukurichi, Virdhachalam Talu, preferred a complaint against one Tr.Gnanamuthu and 30 others, alleging that all of them armed with dangerous weapons came to the house of the complainant damaged the house and also set fire to the house. They have also taken away number of articles from the house including the cash and jewels owned by the complainant. The said complaint given by Tr.Anthony Joseph was registered in Cr.No.367 of 2006 on the file of the Virudhachalam Police Station, under Section 147,148,446 and 506 I.P.C. On the other hand one Selvaraj also preferred a complaint against the respondent herein and the same also registered in Cr.No.366 of 2006 on the file of the Virudhachalam Police Station.

(3.) According to the petitioner, there is a property dispute between Tr.Anthony Joseph and Tmt.Alphonsa Mary with reference to a house situated in Survey No.26/7C. The respondent/complainant Tr.Anthony Joseph claims to have purchased the property for a valuable consideration. But at the same time, one Tmt.Alphonsa Mary claims to have purchased the property. On 05.09.2006 alleging that the respondent/complainant was taken by the accused Rajaram and Palanivelu who was serving in the Virudhachalam Police Station and it is further alleged that after the respondent/complainant reached the Police station, as if the petitioner threatened the defacto complainant with dire consequences and directed him to sign a blank paper to release the 50% of the land in favour of Tmt.Alphonsa Mary which the defacto complainant refused and the respondent has preferred the private complaint which was taken on file by the trial Court and now it is in PRC state.