SABU JACOB Vs. SARBUDHEEN

JUDGEMENT

(1.) The petitioners herein are personnel attached to Railway Protection Force (RPF). They are shown as accused in the private complaint filed by the respondent herein. The same has been taken up for committal in PRC No.9 of 2013 on the file of the learned Judicial Magistrate No.VI, Trichy.

(2.) The case of the respondent is that the petitioners herein forcibly entered into his shop on 10.05.2007 at about 07.30 p.m., and demanded payment of Rs.2,00,000/- (Rupees Two Lakhs only) as bribe amount. The respondent is dealing in Iron scrap. The petitioners are said to have told the respondent that unless he satisfied their demand for payment of illegal gratification, the respondent would be falsely implicated as if he is in unlawful possession of railway property. The respondent is said to have refused to submit to the illegal demand of the petitioners herein. Therefore, the respondent and two others were abused and forcibly taken away in their vehicle. A sum of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand only) was also taken by the petitioners herein. The respondent's brother thereupon sent a telegraphic complaint to the local Magistrate on the very next day i.e., 11.05.2007. As a counterblast, the respondent was implicated in Crime No.2 of 2007 registered under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966. To quash the said private complaint, this original petition has been filed.

(3.) Heard the learned counsel on either side.