DURAITCHI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to withdraw and transfer the case pending in C.C.No.221 of 2017 on the file of the Judicial Magistrate No.2, Kovilpatti to the file of the II Additional Distirct Court (PCR Court), Tirunelveli and to try along with S.C.No. 107 of 2017 pending before the said Court.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner is residing at Musiri along with her family and that they are engaged in agricultural activities and they utilise water from a quarry land through pipe and the accused persons had cut the pipe and when the petitioner questioned the same, the accused persons abused the petitioner in filthy language and the fourth accused tried to attack the petitioner with aruval and also threatened the petitioner by stating that they will continue with the criminal activity, if the petitioner draws water from the quarry and also threatened her and her family members with dire consequences. The petitioner along with the family members rushed to the respondent Police and lodged a complaint. In the meanwhile, the second accused lodged a false complaint before the respondent Police stating that on the date of occurrence, the petitioner along with the family members have trespassed with the second accused house and abused her by using her caste name and also assaulted her. Unfortunately, the complaint lodged by the second accused was registered in crime no.106 of 2016 for the offence under Ss. 448, 294(b), 506(ii) and 379 IPC r/w 3(1)(x)SC/ST Act, 1989 and the same was charge sheeted and committed to the Sessions Court and pending before the learned II Additional Judge, Tirunelveli (PCR) in S.C.No.107 of 2017.

(3.) Based on the complaint given by the petitioner in respect of very same incident, the respondent police registered a case in Crime No.107 of 2016 for the offence under Ss. 294(b), 506(ii) IPC and Sec. 4 of TNPWH Act and the same has been charge sheeted and pending on the file of the learned Judicial Magistrate No.II, Kovilpatti in C.C.No.221 of 2017. The learned counsel for the petitioner would submit that as per the Tamil Nadu Police Standing Order 588 A, in a complaint and a counter complaint arising out of same incident, the Investigation Officer has to either enquire both of them and file the final report for trial by the same Judge or refer one or other of the two courses rendering a finding who the aggressor is.