K SHANMUGARAJA Vs. S ANBU

JUDGEMENT

(1.) The petitioners herein are Accused Nos.1 and 2 in C.C.No.152 of 2012 pending on the file of the Judicial Magistrate Court No.V, Tirunelveli. Now, this Criminal Original Petition has been filed by the petitioners seeking to quash the abovesaid case as illegal.

(2.) The case of the respondent is that now he is residing at Padapakurichi, Palayamkottai, Tirunelveli District. After getting power from one Samayanasintha, he cleaned a land in S.No.507/2, measuring to an extent of 2-1/2 acres, for which, the first respondent herein after creating bogus documents, lodged a complaint against the respondent. Pursuant to the said complaint, the police officers enquired and instructed both the parties to maintain status quo and directed them to approach the Civil Court for getting their remedy. While so, on 12.05.2008, at 8.15 a.m., the respondent, one Vellaipandi, Manohar, Kumar and Perumal while standing in the said land, the petitioners herein and other accused in this case came there with stick and iron rod and abused the respondent in filthy language. Further, the first petitioner in this petition assaulted the respondent by using the iron rod and also made a life threat. Immediately, after intimation to his family members, the respondent lodged a complaint before the Sub-Inspector of Police, Melapalayam. Thereafter, the police officers issued a Medical Memo and instructed the respondent to go to the Medical College Hospital, Tirunelveli, for getting necessary treatment. Further, during the time of occurrence, the relative of the respondent assaulted the petitioners and others, for which, one another case has been registered. After completing investigation, the Investigation Officer closed the FIR as mistake of fact. After filing the protest petition before the learned Judicial Magistrate No.V, the said Magistrate directed the Assistant Commissioner of Police, Palayamkottai, for further investigation. But, without conducting any further investigation, the Assistant Commissioner of Police Thiru.Murugesan abused the respondent and made a life threat to him, for which, one another case was registered against the said Assistant Commissioner of Police, Palayamkottai. Finally, the said Assistant Commissioner of Police closed the said case as Mistake of Fact and therefore, without any alternative remedy, the respondent filed an application before the learned Judicial Magistrate No.V, Tirunelveli, by way of private complaint, which was taken on file as C.C.No.152 of 2012.

(3.) Admittedly, the petitioners herein are arrayed as A1 and A2 in C.C.No.152 of 2012. Now, the learned counsel appearing for the petitioners made a submission as initially, on 27.05.2008, the Inspector of Police, Melapalayam, filed a final report, in which, he stated that the contents of the FIR are having mistake of fact. Thereafter, the respondent herein filed a protest petition on 31.10.2008, in which, the learned Judicial Magistrate No.V, Tirunelveli, passed an order on 24.12.2008, for further investigation by the Assistant Commissioner of Police, Palayamkottai. Subsequently, on 26.01.2009, the Assistant Commissioner of Police, Palayamkottai, filed a final report, in which, he has also stated that the conclusion arrived at by the Inspector of Police, Melapalayam, is found correct. Now, after three years from the date of closing of the FIR, the respondent has filed this petition, which is nothing but abuse of process of law.