R.SHIBU KUMAR Vs. GEORGE VINSLY

JUDGEMENT

(1.) This petition has been filed to quash the entire proceedings in C.C.No.249 of 2012 on the file of the Principal District Munsif cum Judicial Magistrate, Eraniel as against the petitioner.

(2.) The learned counsel appearing for the petitioner would submit that there are totally 5 accused, who are all police officials, in which, the petitioner arraigned as A4. The allegation in the complaint is that on 13.09.2007, all the accused persons assembled unlawfully and conspired together and trespassed in to the property of the complainant and completely damaged the property. When the same was questioned by the respondent/defacto complainant, they scolded her with filthy language and also threatened her with dire consequences. They also attacked her with latti and the respondent sustained injuries. Therefore, she lodged a private complaint before the learned Chief Judicial Magistrate, Nagercoil as against all the police officials attached with Nanguneri Police Station as well as Karungal Police Station.

(3.) The learned counsel appearing for the petitioner would further submit that the petitioner while he was working as Sub Inspector of Police, PEW P.S., Nagercoil, Kanyakumari District, there was a complaint from the neighbour of the complainant with regard to the dispute between them. Therefore, the petitioner called the defacto complainant for enquiry. The petitioner and all other accused persons never trespassed into her premises and no such occurrence was happened. Only to escape from the clutches from the law, the complainant has filed the present private complaint.