CHELLIAH Vs. YESUVADIAL

JUDGEMENT

(1.) Whether the second complaint is maintainable after the first complaint on the same set of facts referred to as 'mistake of fact' by the police and the same has been received and recorded by the learned Magistrate as 'lodged' ?

(2.) Of course, this question has been analysed and answered by this Court on various occasions in various angles. But, now, the very same question would be considered and answered in a different angle.

(3.) Chelliah, the petitioner herein, was convicted for the offence under Section 354 of I.P.C. and sentenced to undergo R.I. for 3 months and to pay a fine of Rs. 500/-, in default, to undergo R.I. for 1 month in C.C.No. 219/93 on the file of the learned Judicial Magistrate, Nanguneri. The conviction was confirmed in the appeal as well in C.A.No. 52/94 on the file of the learned Sessions Judge, Tirunelveli, though there is some modification in the sentence.