A LASER Vs. M GANAPATHY

JUDGEMENT

(1.) This quash petition has been filed under Section 482 Cr.P.C to quash the private complaint in C.C.No.201 of 2012 on the file of the Judicial Magistrate, Periyakulam and have taken cognizance as against the petitioner for the offences punishable under Sections 465, 420 and 468 I.P.C.

(2.) The case of the respondent/complainant is that the petitioner filed his nomination to contest in the election of member of Legislative Assembly for Periyakulam Reserved Constituency in his CPI(M) party and for that he fabricated the community certificate as if he belongs to SC Hindu Saambaan Community and contested in the reserved constituency, it means for scheduled caste and scheduled tribes member. Further, alleged that the petitioner's community mentioned in his School as Kudumban religion by Christian. Therefore, he suppressed all those facts and created a fabricated and forged false caste certificate as if he belongs to SC Hindu Saambaan Community and contested in the election. It attracts the offences under Sections 465, 420 and 468 I.P.C. With these allegations, the respondent lodged a complaint before the Inspector of Police, Thenkarai Police Station, Theni District and the same was registered in Crime No.161 of 2011. After thorough investigation, the respondent police referred the case as mistake of fact on 05.07.201 Thereafter, the respondent filed a private complaint and the said complaint is under challenge.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is a full time party worker of Communist Party and he studied upto XI standard. His entire family were provided job, food and shelter by gratitude of the Englishman during their extreme poverty and as such due to their remembrance, the petitioner was named as Laser. They belong to Hindu Religion and he was brought up under tradition of Hindu and caste cultures. Therefore, he was rightly issued community certificate as he belongs to SC Hindu Saambaan Community and he contested in the Periyakulam Reserved Constituency in his CPI(M) Party in the Legislative Assembly Election.