B SREENIVASAN Vs. M K THIRUMURUGAN

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to quash the complaint in CC.No.708/2004 on the file of the Judicial Magistrate I, Coimbatore. The Petitioner is arrayed as the accused in the complaint.

(2.) THE Respondent had filed the complaint in CC.No.708/2004 for the offences punishable under Sections 182 and 500 of IPC. THE allegation in the complaint is that the Respondent is practicing as a Lawyer and the Petitioner is his neighbour and in order to wreck vengeance on the Respondent, on 26.8.2004 at 10.30 p.m. the Petitioner, gate crashed into the compound wall of his house along with a man in police uniform and started shouting at the Respondent. As the Respondent was shocked on seeing the behaviour of the Petitioner and other men in police uniform, he did not open the door and therefore, both the Petitioner and the police man left the place. Since he apprehended that a complaint would have been given against him, he verified with the concerned police and came to know about the complaint given by the Petitioner to the Thudiyalur Police Station on 28.8.2004, suspecting that the Respondent had caused damage to his drainage pipe. THEreafter, it is said that the Respondent moved the higher officers in the Police Department and on enquiry, the complaint given by the Petitioner was dropped on the ground that it is false. THErefore, the Respondent had preferred the present complaint against the Petitioner for the offences under Sections 182 and 500 of IPC, which is registered as CC.No.708/2004.

(3.) SECTION 182 of IPC has to be read in conjunction with SECTION 195(1)(a) of Code of Criminal Procedure, which requires a complaint for offences under SECTIONs 172 to 188 of IPC to be filed by the public servant concerned or by some other public servant, to whom he is administratively subordinate. Admittedly, in this case, the complaint is not given by the concerned police official, who registered the case or any other police officer, who had come to know that it is a false information.