SURULIYANDAVAR Vs. VEERAPPAN

JUDGEMENT

(1.) The petitioners in this Criminal Original petition and the respondent herein are relatives. On 09.04.2010, they have quarreled in connection with the village temple festival.

(2.) The case of the petitioners is that they were attacked by a group to which the respondent belongs. Hence, Crime No.59 of 2010 came to be registered on the file of the Odaipatti police station for various offences. The offence under Section 307 of I.P.C., was also incorporated. Final report came to be filed and the same was taken on file and it is presently pending in S.C.No.30 of 2011 on the file of the learned Assistant Sessions Judge, Uthamapalayam.

(3.) The respondent Veerapan is figuring as fifth accused in the said case. The trial commenced in the said sessions case. Witnesses 1 to 5 were examined in chief. At this stage, the respondent herein filed a petition under Section 156(3) of Cr.P.C., before the learned Judicial Magistrate, Uthamapalayam. Pursuant to the direction given therein, Crime No.39 of 2012 was registered on 16.05.2012. The police conducted investigation and filed a closure report closing the case as "Mistake of Fact". A protest petition was filed by the respondent, when notice was served on him. The said protest petition was taken on file as private complaint and it was numbered as P.R.C.No.52 of 2013. The same is sought to be quashed in this Criminal Original petition.