MANIMOZHI Vs. THARSIS

JUDGEMENT

(1.) THE petition is filed under Section 482, Cr.P.C. to call for the records in S.T.C.No.781 of 2008 on the file of the learned Judicial Magistrate No.2, Kullithurai and to quash the same.

(2.) THE petitioner is an Inspector of Police, Nitravillyai Police Station, Kanyakumari District. He registered a case under Sections 363 -A, 366, 212 and 494, I.P.C. in Crime No.58 of 2008 against one Maria Kegidict and some others and on investigation it was found that the accused persons kidnapped the victim by using the vehicle bearing registration No. KL -01/E -3864. On 21.5.2008 the said vehicle was seized by the petitioner and the same was produced before the learned Judicial Magistrate No.II, Kuzhithurai. The respondent, who is the owner of the vehicle filed an application in Cri.M.P.No.2039 of 2008 for interim custody of the vehicle and the same was ordered by the learned Judicial Magistrate. When the petitioner was engaged in the regular vehicle check up, the respondent approached the petitioner on 27.6.2008 at 8.30 p.m. for the return the said vehicle as per the order of the Court and the petitioner asked him to wait in the police station and promised the respondent to release vehicle after complying the other formalities. When the petitioner returned to the police station after discharging his duty, the respondent was not there. The respondent seemed to have complained to the learned Magistrate after receiving a notice issued by the learned Judicial Magistrate on 2.7.2008, the petitioner sent a detailed report to the learned Judicial Magistrate regarding the incident, which took place on 27.6.2008.

(3.) AFTER considering the report submitted by the respondent, the learned Judicial Magistrate ordered the petitioner to produce the vehicle before the Court on or before 4.7.2008. However, the petitioner sent a report to the learned Judicial Magistrate stating that the said vehicle could not be moved as the tyres were left without air and the condition of the vehicle was not suited for driving. After receiving the report from the petitioner, the learned Judicial Magistrate No.2, Kulithurai, has initiated contempt proceedings against the petitioner under Sections 188 and 21, I.P.C. and thereafter, the petitioner filed 317 petition through a counsel and the same was adjourned to 24.9.2008 for receiving copy and on 24.9.2008 the petitioner filed a petition under Section 205 to dispense with his appearance in S.T.C.No.781 of 2008. The learned Judicial Magistrate No.2, Kulithurai dismissed the said petition filed by the petitioner and issued non -bailable warrant. Hence, the petitioner has approached this Court to quash the entire proceedings in S.T.C.No.781 of 2008 on the file of the learned Judicial Magistrate No.2, Kuzhiturai on the following grounds: