MUNIAPPAN AND OTHERS Vs. RAJAVEL

JUDGEMENT

(1.) The Petitioner has filed this Criminal original Petition to call for the records from the file of the Learned District Munsiff cum judicial Magistrate, Paramathi, Nammakkal District in P.R.No.11/2010 and quash the same, otherwise great prejudice would be caused to the petitioners.

(2.) The case of the petitioners is that the 1st petitioner is a practicing advocate. Originally on 15.02.2008 at about 11 a.m., when the 1st petitioner was in house he was attacked by one Natesan and 7 others including the respondent herein. Further he was also kidnapped and confined in a room and was put to physical torture. Fortunately the first petitioner managed to escape from that place and was admitted in to the hospital with multiple injuries. Whereupon immediately the first petitioner lodged a complaint for the offence committed by the respondent herein and his companions and a First Information Report under sections 143, 342, 323, 363, 506(i) IPC came to be registered against the accused including the respondent herein in Crime No.131 of 2008 in Tiruchengodu Town Police Station. A due investigation was conducted by the Tiruchengodu police and a charge sheet was been filed before the Learned District Munsif cum Judicial Magistrate, Paramathi and the same was taken on file in C.C.No.54 of 2010.

(3.) It is the further case of the petitioners that though originally the first petitioner was attacked by the respondent and his men, however, a false complaint came to be lodged before the very same police on the same day i.e., on 15.02.2008 as if the respondent herein was attacked by the petitioners herein. Thereupon a F.I.R in Crime No.132 of 2008 dated 15.02.2008 was registered under sections 323, 506(i) r/w section 3(1)(x), S.C and S.T Act. After due investigation the Tiruchengodu Town police having found the complaint lodged by the respondent herein false and there was no such occurrence of attack on the respondent herein has taken place, the corresponding F.I.R. in Crime No.132 of 2008 as referred as mistake of fact before the learned District Munsif-cum-Judicial Magistrate, Paramathi by his order dated 20.07.2008 was pleased to pass an order of closure of the F.I.R registered against the petitioners herein in Crime No.132 of 2008. Being so, now after about 2 years the respondent herein in the year 2010 has preferred a private complaint in P.R.No.11 of 2010, before the learned District Munsif-cum-Judicial Magistrate, Paramathi, so as to counter the ongoing trial in C.C.No.54 of 2010 against the respondent herein. The said act of the respondent herein sheer abuse of process of law, besides with an ulterior motive to harass the petitioners herein. Moreover the said private complaint is also lodged as a threatening tool. Therefore in the light of said facts and abuse of process of law by the respondent herein, all the proceedings of the private complaint in P.R.No.11 of 2010 is liable to be quashed.