K JAYARAMAN Vs. JAMAL MOHAMMED

JUDGEMENT

(1.) THE petitioner approaches this Court with a prayer to quash the criminal proceedings in H.R.C. No. 7 of 2005 pending on the file of the Human Rights Court cum THE Principal District and Sessions Judge, Thanjavur.

(2.) THE fact of the case are as follows: THE petitioner here in is working as a Sub-Inspector of Police at Athirampattinam Police Station. On 29.4.2004, the second accused one Kamamuttai @ Shahul Hammed, who is the relative of the respondent/complainant preferred a written complaint to the petitioner against the respondent herein for the alleged offences under Sections 323, 379 and 506(i) I.P.C., which was registered a case in crime No. 142 of 2004 by the present petitioner. On completing the investigation, the petitioner found evidences against the respondent, filed a charge sheet against him before the learned Judicial Magistrate, Pattukottai and the same is now pending before the said Court.

(3.) THE respondent now alleged that registering the case in crime No. 142 of 2004 and opening a history sheet amounts to defamation punishable under Section 500 I.P.C and the same is a human rights violation and hence, the respondent filed a complaint before the Human Rights Court and the same was taken cognizance and now pending for trial in H.R.C. No. 7 of 2005 before the learned Principal District and Sessions Judge, Thanjavur.