SELLAMUTHU Vs. PERIYASAMY

JUDGEMENT

(1.) The petitioners have filed this Criminal Original Petition to call for the entire records pertaining to the orders the Principal District and Sessions Judge, Perambalur in Criminal Revision No.13 of 2009 dated 10.03.2010 wherein setting aside the order in Crl.M.P.No.6205 of 2009 on the file of the Judicial Magistrate, Perambalur and allow the Criminal Original Petition.

(2.) The petitioners have come up with the Criminal Original Petition to set aside the order passed by the learned Principal District and Sessions Judge, Perambalur made in Criminal Revision Petition No.13 of 2009 dated 10.03.2010. According to the petitioners herein, there was a previous enmity between the petitioners and the 1st respondent herein and in this regard a criminal case was filed in Crime No.134 of 2003 by the 2nd respondent police, and the same was referred to the Principal District and Sessions Court, Perambalur in P.R.C.No.118 of 2003 and the same is pending disposal. While so, due to the previous enmity, the petitioners 1 to 3 herein at the instigation of the 4th petitioner herein assembled in front of 1st respondent house on 14.04.2009 at about 11.00 a.m. and scolded with filthy language and when the 1st respondent herein questioned the illegal act of the petitioners, the petitioners 1 to 3 have beaten him with hands and kicked him by legs and thereby caused unbearable pain all over the body. Further the petitioners herein threatened the 1st respondent that they would pour petrol and set fire on him, if he failed to withdraw the case pending against them.

(3.) The further case of the petitioners is that after the occurrence the 1st respondent/complainant was admitted into Government Hospital, Ariyalur and taken treatment. On the same day, he lodged a complaint before the 2nd respondent s Police Station against the petitioners herein and the same was registered in Crime No.153 of 2009 for offence under Sections 294(b), 323, 506(i) IPC. However, the 2nd respondent police have closed the above said case as Mistake of Fact.