G VENKATACHALAM Vs. SOUNDRARAJA PANDIAN

JUDGEMENT

(1.) THE above Criminal Original Petition has been filed by the petitioners to direct the learned District Munsif-cum-Judicial Magistrate, Mettupalayam not to proceed with the trial without issuing the copy of the complaint in C.C.No,391 of 2004 on his file.

(2.) THE petitioners/accused 1, 3 to 8 have filed the above Criminal Original Petition to direct the learned Magistrate to furnish the copy of the complaint in C.C.No,391 of 2004.

(3.) THE "SIDCO" Officials filed a suit in O.S.No,216 of 1990 before the Sub Court, Coimbatore, against the respondent. THE respondent had also filed a suit in O.S.No,382 of 2002 before the Sub Court, Coimbatore against the "SIDCO" Officials. Both cases have been disposed of. Against both suits, appeals are filed. So, there are several disputes between "SIDCO" Officials, the petitioners and the respondent. In the concerned case, in the private complaint filed by the respondent, a copy of the complaint has not been furnished to the petitioners. THE petitioners filed an application for issuance of the certified copy of the complaint, but the Magistrate gave them a report filed by the Inspector of Police, Sirumugai, stating that the petition of the complainant could not be traced. THE petitioners were subsequently informed that the copy of the complaint is not available in the records of the Court. Further, the petitioners submitted that they are entitled to a copy of the complaint and without furnishing the complaint copy, Criminal Case cannot be proceeded with. Hence, the petitioners have filed the above direction petition.