R.KANNA GANDHI Vs. RANJITH

JUDGEMENT

(1.) Both petitions have been filed to quash the proceedings in S.T.C.No.1109 of 2018 on the file of the learned Judicial Magistrate, Nilakottai.

(2.) The learned counsel for the petitioners submitted that the respondent lodged a complaint before the Inspector of Police, Viruveedu Police Station, Saptur alleged that he was illegally taken into custody by the petitioners herein and they have registered a case against the respondent in Crime No.139 of 2017, for the offences punishable under Sections 341, 294(b), 353 and 506(ii) IPC. The respondent was taken into the hospital for the injuries sustained by the petitioners. The Doctor gave a report 'no external injuries'. Thereafter, the respondent was produced before the learned Judicial Magistrate, Nilakottai and the learned Magistrate remanded the accused to Judicial custody. The Inspector of Police conducted an enquiry and closed the same as 'mistake of fact'. Thereafter, the respondent filed a private complaint before the learned Judicial Magistrate, Nilakottai against the petitioners and other two police officials and the same has been taken cognizance in S.T.C.No.1109 of 2018.

(3.) The case of the prosecution is that one Murugalakshmi, who is the wife of Nagaraj, gave a complaint stating that her two sovereign gold chain was stolen and a case has been registered by the Sub Inspector of Police, Saptur, in Crime No.144 of 2015 for the offence punishable under Section 380 IPC. Subsequently, they arrested one Ramaraj @ Puli son of Ramakrishnan. On his confession, it was found that the stolen jewels were pledged for the loan to one Sathis Kumar and the said Sathiskumar working in ADR Enterprises (gold loan pawn store) and he was enquired by the police officials. The shop owner, namely, Arun Jothi called his brother, namely the respondent. On the enquiry, the police officials were obstructed by the respondent and also threatened him with deadly weapons with dire consequences. Therefore, on the complaint, the Inspector of Police viruveddu Police Station registered the case in Crime No.139 of 2017 for the offence punishable under Sections 341, 294(b), 353 and 506(ii) IPC. Thereafter, the respondent was also arrested and remanded to judicial custody, while arresting the respondent the concerned police have followed all the procedure as contemplated under the criminal procedure code.