C SEVANDHAMMAL Vs. MOHANKUMAR

JUDGEMENT

(1.) Sevandhammal lodged a private complaint making allegations against the respondents herein, which was taken on file in Cr.M.P.No.3921 of 2016, by the learned District Munsif-cum-Judicial Magistrate, Vedasandur. It is the case of Sevandhammal that she is aged about 76 years and that she has nine children, including Rajendran and Dharmar; that on 03.02.2016, around 02.00 p.m., Mohankumar (A1), Deputy Superintendent of Police and Yesu Rajasekar (A2) / Inspector of Police came with a party of 15 Policemen to her house in search of her sons Rajendran and Dharmar; that finding them not to be in the house, the Police assaulted her and pulled her saree; that they also took away cash of Rs.1,50,000/- kept by her in the bureau along with six gold rings weighing about + soverign and a gold chain weighing about 6 soverign. On behalf of Sevandhammal, statement of her relatives, namely, Parameswari, Selvam, Pandiammal, Devi and Jeyanthi were recorded by the Magistrate under Section 200 Cr.P.C. Thereafter, the learned District Munsif-cum-Judicial Magistrate, Vedasandur, by the impugned order, dated 06.02.2017, dismissed the private complaint on the ground that the accused are public servants and therefore, sanction should be obtained for prosecuting them. Challenging the same, Sevandhammal has filed the present criminal revision petition.

(2.) Heard Mr.R.Alagumani, learned counsel for the petitioner and Mr.Y.Prakash, learned counsel for the respondents and perused the materials filed in the form of typed set.

(3.) The second respondent has filed a counter affidavit denying the allegations made by Sevandhammal and in Paragraph Nos.5 to 10, he has stated as follows: