BASANT KUMAR RANKA Vs. ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to call for the records in Crime No,290 of 2007 on the file of the C-1 Flower Bazaar Police Station, Chennai, the second respondent herein and quash the same. The above Criminal Original PETITION has been filed by the petitioner to call for the records in Crime No,290 of 2007 on the file of the C-1 Flower Bazaar Police Station, Chennai, the second respondent herein and quash the same.

(2.) THE prosecution case is as follows: One E.Stephen Raj, Son of Iruthayam, is the defacto complainant herein has lodged a complaint with the second respondent police, stating that on 18.05.2007, at about 6.00 p.m, he had gone to the petitioner/accused shop, situated at Old No.151/New No.168, N.S.C.Bose Road, Chennai-1, to buy a silver gift article. THE Salesmen of the shop showed the article which was covered by plastic cover. THE defacto complainant asked the salesman to open the cover and show the article. THE salesman refused to open the cover saying that he was an employee and that if he wanted to view the article, he could contact the owner of the shop. THE salesman spoke to him in a very degrading manner. THEreafter, the defacto complainant contacted the owner of the shop, who also supported the employee. THE defacto complainant told the shop owner that they are not acting in the correct manner for which all the employees surrounded him and tried to assault him and used the caste name of "para jathi", while addressing him. Immediately, the defacto complainant lodged a complaint with the second respondent herein on 18.05.2007 at 21.00 hrs. THE respondent police received the complaint and registered a case in Crime No,290 of 2007 on an alleged offence under Section 7(1)(d) of Protection of Civil Rights Act, 1955.

(3.) THE petitioner further contended that due to previous enmity, the respondent police, under the direction and influence of the higher officials had set up the defacto complainant to harass the petitioner. Hence, a false case had been foisted against them.