R SIVALINGAM Vs. STATE

JUDGEMENT

(1.) THE above petition has been preferred under Section 482, Cr.P.C. to call for the records in C.C. No. 13 of 1997, on the file of the learned Judicial Magistrate-VII, Trichy and to quash the proceedings.

(2.) ADMITTEDLY, two FIRs, one in Crime No. 282 of 1991 and another in Crime No. 283 of 1991 on the file of Airport Police Station, Golden Rock Circle, Trichy, were registered on the basis of the complaints given by Mr.D. Radhakrishnan, Inspector of Police (Law &; Order), Palakkarai Police Station, Trichy Town at 16.30 hrs. on 16.8.1991 and by Mr.K.K. Williams at 19.00 hrs, on 16.8.1991 respectively, in respect of one and the same incident said to have taken place between 12.00 and 13.00 hrs. in front of Trichy Airport on the Trichy-Pudukottai Main Road within the jurisdiction of the said Police Station.

(3.) THEREAFTER, in pursuance of the directions of the Superintendent of Police, Trichy, the Inspector of Police (Law & Order), Golden Rock Circle, by a memo dated 30.7.1996 filed before the learned Judicial Magistrate-VII, Trichy, prayed for a leave to reopen Crime No. 283 of 1991, as though the said case registered in Crime No. 283 of 1991 was also referred as "undetectable", by Inspector Thiru Radhakrishnan on 17.7.1993. The said memo dated 30.7.1996 reads as follows: "The case in Airport P.S.Cri. No. 283 of 1991 under Section 147, 148, 336, 324, 332 and 427, I.P.C. was registered on 16.8.91 at 19.00 Hrs and investigated by Inspector Thiru. Damodharan, Goldenrock. The case was referred as UNDETECTABLE on 17.7.93 by Inspector Thiru. Radhakrishnan. As per the memo received from The Superintendent of Police, Trichy in C. No. HO/SB/Camp/TRI/96 dated 30.7.96, I was instructed to reopen the case and take up investigation. As such I request that the case may be reopened. Sd/- (Govi. Manoharan) Inspector of Police Law and Order Golden Rock Circle.