S A RAHIM Vs. BOLE CHENCHAIAH

JUDGEMENT

(1.) This is an application filed under section 561-A, Cr. P. Code requesting this Court to quash all further proceedings in C. C. No. 842 of 1970 on the file of the Judicial Second Class Magistrate, Cuddappah in so far as it relates to A-2 and A-3.

(2.) The proceedings in C. C. No. 842 of 1970 were occasioned on account of a complaint filed by one Bole Chenchaiah, the complainant. The said complainant is a driver of Messrs. Kareem Aleem & Co. at Madras for the Three Aces Beedi van bearing M. S. Q,. 7829. It is stated in the complaint that the accused company bore grudge against the complainant's company in the matter of publicity of their business and that they attempted to use violence against the persons and property of the complainant's company. Both these companies trade in beedies. After narrating the incidents taken place on 24th November, 1969 at Badvel and during Dasara at Proddatur, the complainant says that the accused were on a look-out for opportunities to cause harm and damage to the person and property of the complainant's company.

(3.) On 22nd July, 1970 at about 6 P.M. while the complainant was driving his vehicle-Herald van from seven roads in Cuddapah town towards railway station, the driver of the 2nd accused obstructed the passing of the complainant's vehicle along the road just in front of the Tahsildar Subbaiah's house which is in their occupation as their sub-office. The 2nd and 3rd accused who were stated to have been standing there at the main gate of their office instigated the 1st accused to get into a car of theirs and drive it against the complainant's vehicle, the 2nd accused saying " Legara Gadiko" and the 3rd accused saying "Ennappa Pakare Adi". Immediately, the ist accused started their Plymouth station-van MSY 3121 and dashed against the complainant's car on its right rear side, thereby causing damage to the rear side of the complainant's van. The complainant seeing the gravity of the situation, swerved to his left quickly and averted further damage by taking his van to a distance beyond the reach of the colliding vehicle. Having stopped the vehicle at some distance away, the complainant went and lodged a complaint in the I Town Police Station at Guddapah immediately thereafter. The complainant estimated the damage to his vehicle at Rs. 100. The police asked the complainant to prefer a private complaint saying that the offence reported to them is a non-cognizable one. Under those circumstances, the complainant filed the complaint. The accused, according to the complainant, rendered themselves thus liable to be tried and punished under section 427 read with sections 109 and 34, Indian Penal Code,