M. DEIVAM Vs. THE STATE

JUDGEMENT

(1.) The revision petitioner is the defacto complainant in the case originally registered under Crime No. 200 of 2012 on the file of the Mayiladumparai Police Station on 15.10.2005. According to the complaint, the defacto complainant Deivam married Bhuvaneswari daughter of Subburaj was ill-treated by his wife and his family members. As a result, he has preferred a divorce petition before the Sub Court, Theni. Counselling between them took place at Bangalore but one Krishnasamy, uncle of Bhuvaneswari, an Army man threatened him. Hence, he gave a complaint against the said Krishnasamy on 23.12.2011, before the Commissioner of Police, Coimbatore.

(2.) In this complaint, he has further alleged that on 21.04.2012 and 06.05.2012, one T.K.R.Ganesan, paternal junior uncle of Bhuvaneswari arrived with 20 henchmen and attacked him brutally. On 22.04.2012 one Pandi came to his house with aruval and abused him with filthy language and tried to attack him. When he went to Mayiladumparai Police Station to give complaint about Pandi, Pandi brother Ramasamy and junior paternal uncle of Bhuvaneswari Kottaisamy came to the police station and gave bribe to Selvaraj, Sub Inspector of Police and Sekar writer to register false complaint against this revision petitioner and his family members. His dress was removed. Hands and legs were chained and he was brutally attacked by the police. His brother Arivalagan was threatened over phone.

(3.) Based on his complaint against Ramasamy, Palanisamy, Pandi and Krishnammal and others, case was registered and taken up for investigation by one Saravanan, Sub Inspector of Police, Mayiladumparai. Later, he filed a closure report as mistake of fact on 10.01.2013. Aggrieved by that, the revision petitioner filed Crl.O.P. (MD) No. 3121 of 2015 before this Court for change of investigation. This Court, allowed this petition on 10.07.2015 and thereafter investigation was transferred to CBCID. The complaint was reregistered under Crime No. 2 of 2015 on the file of CBCID. After completion of the investigation, CBCID has filed a final report against Pandi for the offence under Sections 294(b) and 506(ii) IPC and against Krishnammal for the offence under Section 294(b) and against Palanisamy for the offence under Section 294(b) IPC. The trial Court has taken the final report along with documents and after framing charge, proceeded to conduct the trial.