SUNDER LAL AND OTHERS Vs. SOBITHA RAJ

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records pertaining to the case in S.C. No. 27 of 2012 pending on the file of the Principal District and Sessions Court of Kanyakumari at Nagercoil and to quash the same.

(2.) Heard the learned counsel appearing on either side.

(3.) The petitioners are facing trial in S.C. No. 27 of 2012 on the file of the learned Principal District and Sessions Court of Kanyakumari at Nagercoil. It is a private complaint instituted by the respondent herein. It appears that there is a property dispute between the first petitioner and the respondent herein. Allegations of trespass and criminal intimidation had been made by the respondent against the petitioners herein. The matter was forwarded to the Sessions Court, since the respondent has alleged human rights violation at the hands of the accused. The Sessions Court is constituted as the Human Rights Court in terms of section 12 of Protection of Human Rights Act, 1994. The third accused Thiru.Kumar was the Sub-Inspector of Police during the relevant time. It is not the case of the respondent that any F.I.R was registered against him. It is also not his case that he was illegally detained or physically beaten. But, then, his allegation is that the said Kumar, Sub-Inspector of Police abused him thereby offending his dignity. He also alleges in his complaint that the said Kumar came to the place and stood by the side of the petitioners. He further threatened the complainant that he would foist a false case against him and put him behind the bars. Since Human Rights violations had been alleged in this case, the same was forwarded to the Sessions Court and taken cognizance in S.C. No. 27 of 2012.