PRABHU Vs. G GANESAN

JUDGEMENT

(1.) This Criminal Original Petition is filed to call for the records of the complaint in C.C.No.64 of 2010 on the file of the Judicial Magistrate Court, Tirutani and to quash the same as abuse of process and illegal.

(2.) The petitioners have filed the above quash petition to quash the private complaint initiated by the respondent against the petitioners for the offence under Sections 341, 323, 506 (i) of the Indian Penal Code which is pending trial in C.C.No.64 of 2010 on the file of the Judicial Magistrate Court, Tirutani.

(3.) The contention of the learned counsel for the petitioners is that the respondent had lodged a false complaint before the Tirutani Police in the year 2008 and the same came to be registered in Cr.No.1351 of 2008 on 09.08.2008, after enquiry the above crime number referred as mistake of fact and R.C.S. notice was served to the respondent, who had failed to file the protest being contesting the same.