K NEELAMBAL Vs. SOLAMAN REDDY

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to call for the records in CC.No,64/2005 on the file of the Judicial Magistrate I, Chengalput and quash the same.) THIS Criminal Original Petition is filed to quash the complaint in CC.No,64/2005 on the file of the Judicial Magistrate I, Chengalput.

(2.) THE brief facts, which are necessary for the disposal of this Criminal Original Petition, are as follows:- THE Petitioners herein are A1 to A12 and the complaint has been filed by the Respondent against them for the offences under Sectios 147, 447, 427 and 506(i) of IPC. THE Petitioners 1 and 2 are the wife and husband and the Petitioners 3 to 12 are the natives of Thachur Village. According to the Respondent/complainant, he is the owner of the property to an extent of 30 cents in S.No,475/1A2 and he is in possession and enjoyment of the said property and using it as Kulathu Medu. On 9.1.2005, at about 1.00 p.m. all the Petitioners trespassed into the said property of the Respondent and caused damage to the hayrick worth about Rs.3000/- and damage to the brick wall, causing loss to the tune of Rs.6,000/-. THE said incident was witnessed by one Markpeter, Son of the Respondent, Arokiyasamy, the brother's son of the Respondent and one Chinnammal. THE Respondent is said to have filed a suit in OS.No,74/2003 before the Sub Court, Maduranthagam, against the Revenue Officials and the Village President and in IA.No,423/2003 filed in the said suit, interim injunction is said to have been granted.

(3.) THIS court may, in exercise of its inherent power under Section 482 of Code of Criminal Procedure, interfere in categories of cases viz. proceedings relating to cognizable offence to prevent abuse of process of any court or otherwise to secure the ends of justice. However, the power should not be exercised sparingly and that too in the rarest of rare cases, as has been held by the Honourable Supreme Court in the case of State of Haryana and others Vs. Ch.Bhajan Lal and others (AIR-1992-SC-604).