NALAMAHARAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a petition under Section 482, Criminal Procedure Code to call for the first information report in Crime No. 275/88, on the file of the Judicial Second Class Magistrate, Nagapattinam, registered by the respondent, and quash the same.

(2.) The facts leading to the filing of this petition can now be stated. The petitioner appears to be a contractor in Pondicherry and Tamil Nadu apart from being an owner of a rice mill and a merchant running several business organisations. It appears that at 1.30 p.m. on 19-3-1988, when he was conversing with his wife and brother in his house, suddenly ten persons came in a Standard van, stopped it in front of the house and entered into his house, after some of them firing shots in the air to threaten the petitioner. Though resisted, it is the case of the petitioner that he was forcibly taken in the van from Kottuchery to Vedaranyam, during which travel enroute his watch and chain were snatched away by the offending group. The petitioner was taken, at Vedaranyam, initially to the house of one Kulandaivelu and later to the police station. Only at the police station, the petitioner came to know that the persons who attacked him were policemen under the leadership of Shanmugam, the Sub-Inspector of Police Vedaranyarn. The petitioner has his .own grievance about the said arrest and his production before the Judicial Second Class Magistrate, Nagapattinam the next day and his being made an accused in Crime No. 153/88 on the file of the Vedaranyam Police Station, regarding which we are not concerned in this petition. After release on bail, the petitioner noticed inside the compound of his house, some small cartridges, leading to his report to the local police, who had registered Crime No. 24/88 after recovering those cartridges., The petitioner appears to have complained to all higher authorities regarding the acts of Shanmugam and his group of police officials, on what the petitioner claims to be illegal action resorted to.

(3.) It is in this background, that dated on 23-4-1988 at about 1.15 p.m., the said Shanmugam the Sub-Inspector of Police, Vedaranyam had registered Crime No. 275/88 on the file of his police station against the petitioner for an offence under Section 506-11, Indian Penal Code. Shanmugam, the Sub-Inspector of Police, on 23-4-1988 found in the post box in the Police Station an undated, unsigned letter addressed to him posted at Chdambaram on 9-4-1988 and received at Vedaranyam on 11-4-1988 containing the following information. The information in the said inland letter translated into English will read as follows:I am a close relative of Nalamaharaja of Karaikal Kottuchery. It seems that you had arrested him last month and put him to shame. For that action of yours, he has decided to kill you. To kill you within one week, he has engaged rowdy elements and has paid them Rs. 10,000/as advance. Since, I am a close relation of Nalamaharaja and being afraid that in consequence of any harm to you, he should not suffer any punishment, I am beseeching you in advance to be careful Though I had pursuaded him (Nalamaharaja) to stop this proposed act, he would not listen. Therefore, at least you be careful. I do not want to divulge my name and get in to problems.