LOGANATHAN Vs. USHA

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to call for the records in STC.No,565/2005 on the file of the Judicial Magistrate II, Wallajapet, Vellore District and quash the same.) THIS Criminal Original Petition is filed by the Petitioners in STC.No,565/2005 on the file of the Judicial Magistrate II, Wallajapet, Vellore to quash the complaint and the consequential proceedings.

(2.) THE Petitioners are all relatives and are residing in New Street, Puliyankannu Village, Sipcot, Vellore District. According to them, the Respondent herein without any legitimate right disturbed their possession and enjoyment of their lands. Hence, there is a civil dispute pending between the parties. While so, it is stated that on 20.7.2004, the Respondent and her family members assaulted the Petitioners, particularly the 5th Petitioner herein and she was injured, for which she had lodged a complaint to the Sipcot Police Station and she was given CSR receipt. It is stated that as a counter blast, the Respondent also filed a complaint to the same Police against the Petitioners 1, 2, 3 and 5 on 20.7.2004 and after receiving both the complaints, the SIPCOT Police had registered a case in Cr.No,206/2004 on 29.7.2004 for the offence under Section 160 of IPC against both the parties.

(3.) IT is seen that on 20.7.2004, the 5th petitioner had given a complaint before the SIPCOT Police Station, for which she was issued a CSR Receipt. With regard to the same incident, the Respondent had also given a complaint to the same Police against the Petitioners 1, 2, 3 and 5 and on receipt of both the complaints, a case in Cr.No,206/2004 had been registered for the offence under Section 160 of IPC against both the parties. The learned Judicial Magistrate II, Wallajepet, Vellore, after analysing the evidence, acquitted both the parties by judgement dated 31.5.2005.