K MURUGAVEL Vs. STATE

JUDGEMENT

(1.) In this revision, the petitioner is challenging the order dated 13-6-1989 in C.C.No. 403 of 1989 on the file of the Judicial Magistrate, Uthamapalayam, permitting the withdrawal of the case under Section 321 (b) of the Code of Criminal Procedure. Bare minimum facts are necessary to be set out here under to decide the correctness of the order questioned in this revision.

(2.) The petitioner gave a complaint to the first respondent police on 17-7-1986 alleging that on 14-7-1986 13 named accused and some unknown persons kidnapped him while he was on his way to duty in a mill where he was working. This complaint was registered in Cr.No. 231 of 1986 by the first respondent for offences under Sections 147, 342, 365 and 384 of the Indian Penal Code. The accused mentioned in the complaint and who were later on put up for trial along with three more people are the co-workers of the revision petitioner in the very same mill. The complaint discloses that when the revision petitioner was on his way to the mill to attend to his work, the named accused and other unnamed accused intercepted him and told him "you have been told not to go to employment - still you are going for work- if you are beaten, then only you will become alright". Saying so, the complaint proceeds that the revision petitioner and his companion who was also going to attend to his work were kidnapped and taken to a distant place and kept there in a room under lock and key. This case, after the final report was filed by the police, was taken on file as C.C. No. 403 of 1989 by the lower Court.

(3.) When the case was pending, the Magistrate came to pass an order on a memo and the memo reads as follows:-