ABDUL MAJEETH Vs. KAILASAM

JUDGEMENT

(1.) PETITION filed under Section 397 r/w 401 of Cr.P.C. against the order dated 26.9.2006 passed by the Chief Judicial Magistrate, Coimbatore, in C.C.No.117 of 2006.) Challenging and impugning the order dated 26.9.2006 passed by the Chief Judicial Magistrate, Coimbatore, in C.C.No.117 of 2006, this criminal revision case is focussed.

(2.) COMPENDIOUSLY and concisely, the facts which are absolutely necessary and germane for the disposal of this criminal revision case would run thus:- The revision petitioner herein filed a complaint before the Chief Judicial Magistrate, Coimbatore, as against the respondents herein. Whereupon, after recording the sworn statement of the revision petitioner/complainant, the Chief Judicial Magistrate took cognizance of the offences under Sections 342, 343, 346 and 161 IPC and Section 7 of the Prevention of Corruption Act and posted the matter for enquiry under Section 202 of Cr.P.C. (b) During enquiry, the revision petitioner/complainant examined himself as P.W.1 along with four others as Pws.2 to 5 and Exs.P1 to P3 were marked. (c) Ultimately, the lower Court dismissed the complaint, without issuing summons to the accused.

(3.) IT is the specific complaint of the revision petitioner that while they were under illegal detention, the Deputy Superintendent of Police demanded bribe from P.W.5-Mani @ Saravanan to the effect that if he could pay a sum of Rs.2,00,000/-(rupees two lakhs) he would release the vehicle, the goods and also release the accused persons without any case and since his illegal demand for gratification was not acceded to, he had chosen to lodge the report through his subordinate R1, with the Forest Officer, as stated supra.