CHINNAPAIYAN AND Vs. PALANIAPPAN

JUDGEMENT

(1.) THE revision is directed against the order of the Chief Judicial Magistrate. Salem, overruling the preliminary objection raised by the petitioners herein to dismiss the private complaint filed by the Respondent herein against the petitioners, which was taken on file by the learned Judicial First Class Magistrate No. 1, Salem in C.C. No. 362 of 1982 and transferred to the Chief Judicial Magistrate, Salem and numbered as C.C. No. 40 of 1982.

(2.) THE brief facts necessary for the disposal of this revision are as follows: The Respondent herein filed a private complaint on 22.10.1980 before the learned Judicial First Class Magistrate No. 1, Salem, against the petitioners herein, who were then working as Police Constables in Annathanapatti Police Station alleging that on 9.10.1980 at about 11.00 p.m. while he and his wife were passing through Annathanapatti Police Station to reach his house after visiting his aunt's house, the petitioners, due to prior enmity way laid them, assaulted and caused injuries to them. His wife escaped from them and ran away from that place. Thereafter, the respondent was taken to the police station where he was further assaulted. On the next day, he got himself treated in the Government Hospital. His wife also got treatment for her injuries. For the aforesaid act of the petitioners, the respondent filed the private complaint before the Judicial First Class Magistrate, No. 1, Salem, for offences punishable under Ss. 341, 355, 109, 354, 427, 323 and 326, I.P.C. The learned Magistrate forwarded that complaint to police for investigation on 22.10.1980. The Inspector of Police, Shevapet, after enquiry, submitted a report to Court on 16.3.1981 stating that the allegation in the complaint is false. He also issued a notice to the respondent on 21.3.1981. There are no materials available on record to show as to whether any order was passed by the learned Magistrate.

(3.) SUBSEQUENTLY , the respondent filed a third complaint to the Judicial First Class Magistrate No. 1, Salem, on 26.11.1981 making the same allegations against the petitioners. In the complaint he alleged that his second complaint was presented in Court on 24th March, 1981, that the same was entered in the court records and that there is entry in No. 12 Register regarding the stamps affixed by the respondent in his complaint. He also filed along with his third complaint an extract taken from No. 12 Register relating to 24.3.1981. The learned Magistrate, after recording sworn statement from the respondent, taken the complaint on file as C.C. Nos. 362 of 1982 and placed the papers to the Chief Judicial Magistrate, Salem, as allegations are made against police officers, following the High Court's Circular. The Chief Judicial Magistrate, Salem, has taken the case on his file as C.C. No. 40 of 1982.