MANIKANDAN Vs. JAYARAMAN

JUDGEMENT

(1.) The petitioners who are A19 to A24 in C.C. No. 488 of 1986 pending before the Sub. Divisional Judicial Magistrate Usilampatti, Madurai District, an a private complaint instituted by the respondent invoke the inherent powers of this Court far quashing the above proceedings in so far as they relate to them an the ground that continuance of the same amounts to abuse of the process of law.

(2.) Facts briefly are: On 9-7-1985 at about 12 Noon there was an incident in the garden of the respondent. With reference to that incident, the respondent gave a complaint to the police, which was registered by them as Cr1. No. 110 of 1985 for offences under Sections 147, 148. 323, 336 and 324 I.P.C., as against 18 named persons. The police, after investigation, referred the case as mistake of factT. Thereafter, the respondent filed the private complaint in court adding not only the above 18 named persons, but also the petitioners herein, arrayed as accused 19 to 24. The complaint was presented in Court on 30-4-1986. Vague overt acts with reference to the petitioners, were made in the complaint. The petitioners therefore, prayed that proceedings against them on the private complaint instituted by the respondent be quashed.

(3.) Thiru T. Sudanthiram, learned counsel for the petitioners contended that merely to harass the petitioners they have been added in the private complaint and interests of justice required that the proceedings be quashed against them In the original complaint given by the respondent to the police on the day of the occurrence allegations were made against 18 named persons and overt acts were attributed to them. There was no allegation that besides those 18 named persons, anyone else participated in the occurrence. While so, the petitioners have been shown in the present complaint and certain baseless and vague overt acts have been attributed to them.