VELAYUTHA THEVAR Vs. STATE

JUDGEMENT

(1.) The above Criminal Revision Case has been filed against the order dated 29-11-1996 made in C.C. No. 604 of 1989 by the Court of Judicial Magistrate, Thiruthuraipoondi in so far acquitting the respondent 2 to 5 herein under Section 248(1) of the Criminal Procedure Code.

(2.) Originally, the petitioner herien is the complainant in the First Information Report registered by the Voimeeu Police in Crime. No. 176/86 for alleged offences punishable under Section 363, 384 and 342, I.P.C. and later the Judicial Magistrate, Thiruthuraipoondi, while framing charges has also included Section 506 Part II, I.P.C. in which the petitioner is cited as the first witness.

(3.) It is a case wherein the trial is yet to be commenced. The first respondent herein is the prosecuting police and respondents 2 to 5 are the accused before the lower Court among whom the fourth respondent is said to be abroad and all the other respondent/accused in spite of being available locally, they were not in the habit of appearing before the lower Court and often and again Non Bailable Warrants would be issued by the lower Court, but they would not be executed. While such being the nature of the proceedings, that has been carried on by the lower Court from the year 1986, all of a sudden, the lower Court taking advantage of the judgment of the apex Court delivered in "Common Cause", A Registered Society through its Director v. Union of India, ((1996) 6 SCC 775 : (1997 Cri LJ 195) has acquitted the accused under Section 248 (1) of the Criminal Procedure Code.