FRANSUVA SOUNDARRAJAN Vs. STATE OF TAMIL NADU REP BY INSPECTOR OF POLICE, LAND GRABBING CELL, CRIME BRANCH, MADURAI

JUDGEMENT

(1.) The petitioners before this Court are ranked as accused Nos.3 and 1 in C.C.No.203 of 2012 on the file of Judicial Magistrate No.I, Madurai.

(2.) The respondents 2 and 3 herein filed a petition before the Superintendent of Police, Madurai (Rural), alleging commission of offences by one Somasundaram Pillai and others on 29.12.2011. Since the same was not being enquired into, they took out a petition before Judicial Magistrate No.I, Madurai, under Section 156 (3) Cr.P.C. The learned Magistrate sought report from the first respondent herein. The first respondent herein filed his report, dated 22.11.2012, stating that the Civil Court is seized of the matter and that therefore he would be in position to take action in the matter only after the Civil Court adjudicates the dispute between the parties. Not satisfied with the said report of the first respondent herein, the learned Magistrate, took the case as a private complaint, after recording the sworn statements of the respondents 2 and 3 herein and others. After taking cognizance of the case, summons were issued to the petitioners herein for the offences punishable under Sections 147, 427, 448, 506(ii), 465, 420 and 109 of I.P.C. Seeking quashing of the proceedings insofar as they are concerned, this petition has been filed.

(3.) Heard the learned counsel for the petitioners and the respondents.