SHAMEEM Vs. BOOPATHI

JUDGEMENT

(1.) CRIMINAL Revision Case No.832 of 2005 is directed against the order of acquittal made in C.C.No.1027 of 2004 on the file of the learned Judicial Magistrate No.III, Coimbatore. CRIMINAL Revision Case No.560/2005 is directed against the order directing payment of compensation to the accused in the said C.C.No.1027 of 2004 and for expunging the remarks made against the Revision Petitioner and another Police officer (P.W.2) found in the above said impugned judgment.

(2.) BOOPATHY, the first respondent herein/sole accused in C.C.No.1027 of 2004 was prosecuted for an alleged offence punishable under Section 380 IPC. The case was registered on the file of B-4 - Race Course Police Station (Crime), Coimbatore as Crime No.741/2004 based on Ex.P1 - complaint lodged by Kishor Kumar (P.W.1) alleging that the first respondent herein/accused committed theft of the jewels marked as MOs.1 to 6 worth Rs.48,000/- from the house of P.W.1 to P.W.3 at about 1.30 p.m. on 12.05.2004. As per the prosecution case, the first respondent herein/accused was arrested at about 5.30 p.m. on 13.05.2004 and based on his confession, the above said jewels marked as MOs.1 to 6 were recovered from the persons who helped him to pledge them. The case was initially investigated by P.W.8 - Periasamy, the then Sub-Inspector of Police attached to B-4 - Race Course Police Station, Coimbatore. After the initial investigation, the investigation was continued by one G.G.Ramasamy, the then Inspector of Police, B-4 - Race Course Police Station (Crime), Coimbatoe who submitted the final report after completion of investigation. The same was taken on file by the learned Judicial Magistrate No.III, Coimbatore in C.C.No.1027/2004. After having BEEN furnished with the copies of the material papers under Section 207 of Criminal Procedure Code, the first respondent herein/accused denied the allegations made against him. After considering the records, the learned Judicial Magistrate No.III, framed the charges for an offence under Section 380 IPC against the first respondent herein/accused. He denied the charge and pleaded not guilty. Hence he was tried for the said offence.

(3.) THE learned Judicial Magistrate No.III, Coimbatore also passed certain remarks against P.W.8 - Periyasamy, the then Sub-Inspector of Police, B4-Race Course Police Station, Coimbatore who registered the case and G.G. Ramasamy, the Inspector of Police who completed the investigation and submitted the final report. THE remarks were made along with a recommendation to the higher officials to take departmental action against them. As against the order directing payment of compensation under Section 358 Cr.P.C. and for expunging the remarks made against P.W.2 (the petitioner in these revision petitions) and the investigating officers, namely P.W.8 - Periyasamy. Challenging the order of acquittal, P.W.2 herself has filed Criminal Revision Case No.832/2005.