C.S.SEKAR Vs. STATE

JUDGEMENT

(1.) This petition is filed to quash the charge sheet in C.C.No.171 of 2019 pending on the file of the learned Judicial Magistrate No.I, Kuzhithurai under Sections 147, 148, 427, 294(b) and 506(ii) IPC.

(2.) The defacto complainant is an Ex-Service Man and residing in Madathu Villai Veedu Village along with other relatives. There was a dispute with regard to maintaining the Library in the locality in between the petitioners' family and the defacto complainant's family. Due to above dispute, at about 8.15 p.m., on 28.03.2015, the accused persons came in Bolero and Swift Desire Car with deadly weapons and parked the same in front of the house of the defacto complainant. When the first accused tried to attack the defacto complainant with Vettukathi, the defacto complainant in order to escape from the first accused went inside the house and locked the door, thereafter, the accused persons pelted stone on the house. Thereby, the defacto complainant has filed complaint before the respondent police, in which, the Law Enforcing Agency has registered the case and after conducting investigation filed final report. Thereafter, the learned Judicial Magistrate No.I, Kuzhithurai has taken cognizance and assigned C.C.No.171 of 2019. Aggrieved against the same, the present quash petition is filed.

(3.) The learned counsel appearing for the petitioners would submit that in fact the second respondent and others have committed offences under Sections 147, 294(b) and 506(ii) IPC. Accordingly, the petitioners filed a complaint before the respondent police, in which the Law Enforcing Agency has registered a case in Crime No.183 of 2015. In order to defeat earlier crime, the defacto complainant filed this complaint before the respondent police, in which the respondent police registered this case in Crime No.184 of 2015.