R BALASUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to to call for the records in First Information Report in Crime No,22 of 2004 on the file of the respondent police, and quash the same. The petitioners have filed the above Criminal Original PETITION to call for the records in First Information Report in Crime No,22 of 2004 on the file of the respondent police, and quash the same.

(2.) SUPPORTING the case, the first petitioner has filed an affidavit on behalf of the other petitioners stating that the first petitioner is the Managing Director of M/s. Kongarar Spinners Ltd., second petitioner is the Finance Manager, third petitioner is the factory manager, fourth petitioner is the store keeper and the fifth petitioner is the technical director.

(3.) ONE Rajendiran, calling himself as the president of the said mill, preferred a complaint against the said mill to various authorities. On his complaint, the District Collector convened a meeting. However, due to pressure given by the District Collector, the company agreed to pay Rs.2000/- to eighty persons represented by the said Rajendran. After that, the said Rajendiran has filed a criminal complaint against the management. The company also filed a Writ Petition before this Honourable Court and got an order for interim injunction against the District Collector and Deputy Superintendent of Police from prosecuting the Company. Subsequently, the Writ Petition was dismissed. Thereafter, the said Rajendiran preferred a complaint with the Deputy Superintendent of Police. The same was registered as the above said Crime No,22 of 2004. Further, the petitioners contended that the defacto complainant, Rajendiran, has no locus standi to lodge such a complaint. Further, the petitioners contended that the police cannot arbitrarily demand the company to pay the dues immediately. Further, the Deputy Superintendent of Police registered a case on Rajendiran's complaint on an alleged offence under Sections 120-B, 406, 408, 469, 471, 420 r/w. 109 of IPC. On the said complaint, the petitioners are under bail. The petitioners for supporting their case had filed 11 documents.