M S NASIMUDEEN Vs. A GEETHA

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to call for the records in C.C.No,44 of 2003 on the file of the learned Judicial Magistrate No.II, Karaikal and quash the same.) The petitioner has filed the above Criminal Original PETITION No,29541 of 2003 to call for the records in C.C.No,44 of 2003 on the file of the learned Judicial Magistrate No.II, Karaikal and quash the same.

(2.) THE respondent/complainant has contended in her complaint that her husband is a merchant in I.M.F.L. and conducting licenced arrack business in karaikal. THE Tamil Nadu Excise Police Officials inconsistently forced her husband to pay huge sums as illegal gratification. THE same was refused by the complainant's husband. On 26.02.3003, when the complainant's husband was looking after his business in Karaikal, the petitioners/accused joined together, came in a private ambassador car bearing registration No.TAF 6582 along with a jeep and a group of persons and forcibly abducted her husband, namely Anandan and had taken him secretly and wrongfully and confined without informing anyone. THE same was witnessed by two persons, who were present at the spot. Further, the complainant alleged that her relatives and men followed the vehicle and tried to trace the whereabouts of her husband, but it was in vain. THEn, the complainant came to know that a case was registered in Crime No,326 of 2003 with the Prohibition and Enforcement Wing, Chidambaram for an alleged offence of transport of contraband prohibited liquor from Bangalore to Karaikal by the complainant's husband and got hold by the accused No,2 on 26.02.2003 by 20.00 hrs at Chidambaram. It is apparently a concocted case as the said Anandan himself was present at Karaikal town and he has got unimpeachable documents to show that he has been in Karaikal till midday and thereafter going to Bangalore on the day or earlier and returning with contraband by 20.00 hrs on 26.02.2003 to Keerapalayam is an impossibility. THErefore, it is apparent that both the accused conspired together and abducted and had taken the said Anandan secretly and wrongly confined on the refusal to pay huge sum towards business conducted by the said Anandan in Karaikal. THErefore, the complainant has filed the complaint and mentioned 10 witnesses for supporting her complaint. THE said complaint has been taken on the file of the learned Judicial Magistrate No.II, Karaikal.

(3.) THE respondent submitted that the petitioners have committed an offence under Section 365 of IPC that the petitioners kidnapped the complainant's husband and kept him in wrongful confinement.