LAWS(MAD)-2018-8-579

K K MAHALINGAM Vs. R PALANISAMY

Decided On August 28, 2018
K K Mahalingam Appellant
V/S
R PALANISAMY Respondents

JUDGEMENT

(1.) The petitioner Mr.K.K.M.Mahalingam, Inspector of Police, C.B.C.I.D., Coimbatore City is the accused in C.C.No.160 of 2011 on the file of the Chief Judicial Magistrate, Coimbatore.

(2.) The respondent/complainant filed a private complaint under Section 200 of the Code of Criminal Procedure against the present petitioner in C.C.No.160 of 2011 before the Chief Judicial Magistrate, Coimbatore for an alleged offence punishable under Section 166 of the Indian Penal Code. The contention of the respondent/complainant is that he (respondent) lodged a complaint dated 13.10.2008 with the Superintendent of Police, Coimbatore district, against 10 persons including the Sub Registrar, Sub Registrar Office, Annur, Coimbatore District and the petitioner herein though registered the First Information Report in Crime No.16 of 2008, filed a referred charge sheet on 13.01.2011 before the Chief Judicial Magistrate, Coimbatore. According to the respondent, though a notice was issued to him along with a copy of the final report, the copies of documents relied on by the petitioner herein were not furnished to him, inspite of repeated requests both oral and in writing made by him. It is further contended by the respondent in his complaint in C.C.No.160 of 2011 that, he filed a petition before the Chief Judicial Magistrate, Coimbatore District on 19.01.2011 to direct the petitioner to hand over the copies of documents to him and that though it was allowed by the Chief Judicial Magistrate, Coimbatore, the petitioner did not furnish the copies of the documents. He has therefore, filed the private complaint in C.C.No.160 of 2011.

(3.) The said private complaint was taken cognizance by the Chief Judicial Magistrate, Coimbatore and summons were also sent to the petitioner. Therefore, he filed the present petition to quash the entire proceedings in C.C.No.160 of 2011 on the following grounds.