S ILAYAPERUMAL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) CHALLENGE in this criminal revision case is to the order dated 19. 07. 2007 passed in Crl. M. P. No. 245 of 2007 in Calendar Case No. 3 of 2007 by the principal Special Court (for CBI cases), Madurai.

(2.) THE revision petitioner herein as petitioner has filed a petition under section 227 of the Code of Criminal Procedure, to discharge him from the proceedings of Calendar Case No. 3 of 2007, pending on the file of the Principal special Court (for CBI cases), Madurai and the same has been taken on file in crl. M. P. No. 245 of 2007.

(3.) IT is stated in the petition that the petitioner has served as Inspector of Police in District Crime Branch, Pudukottai and in Mimisal Police Station, a case has been registered under Sections 279, 337 and 338 of Indian Penal Code in crime No. 38 of 1999 on 17. 07. 1999 against one Tamilselvan. One Gunasekaran has given the complaint in question, wherein it has been stated that the said tamilselvan has driven Bajaj M-80 Motor Bike in a rash and negligent manner and thereby caused accident and the complainant viz. , Gunasekaran has travelled as a pillion rider and due to accident, he has fallen down and sustained injuries. The Inspector by name Nagooran has investigated the case and registered in Crime no. 38 of 1999 and after completing investigation, he has filed a final report. The Judicial Magistrate, Aranthangi has fined the accused viz. , Tamilselvan to the tune of Rs. 1,250/ -. The National Insurance Company, Thanjavur Division has given a complaint stating that a false case has been registered against the said insurance Company. The complaint given by the said Insurance Company has been transferred to the District Crime Branch, Pudukottai and the petitioner has registered the same in Crime No. 16 of 2004 against the said Gunasekaran and tamilselvan under Sections 420, 120b read with 511 of Indian Penal Code. The petitioner has conducted investigation and ultimately filed a final report stating as mistake of fact. The said Insurance Company has filed a protest petition before the concerned Magistrate Court and thereby sought for reinvestigation and subsequently the said Insurance Company has also filed a writ petition before this Court and this Court has directed to conduct further investigation and accordingly further investigation has been done and ultimately filed a final report against the petitioner and the said Gunasekaran, tamilselvan and Nagooran. Further it is stated in the petition that there is no allegation with regard to the alleged conspiracy and further no sanction has been obtained under Section 197 of the Code of Criminal Procedure prior to proceed against the petitioner. Under the said circumstances, the petitioner has filed the present petition praying to discharge him from the proceedings of calendar Case No. 3 of 2007.